Montiel

Montiel v. Holder

Good Law
505 F. App'x 644
United States Court of Appeals for the Ninth CircuitJanuary 16, 2013No. 12-70308California373 words

Opinion

lead Opinion

MEMORANDUM **

Antonio Salazar Montiel, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to continue and a particularly serious crime determination. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009); Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.2012). We review for substantial evidence the agency’s factual findings and review de novo questions of law. Ahmed, 569 F.3d at 1012 . We deny the petition for review.

The agency properly concluded that Salazar Montiel is ineligible for asylum and withholding of removal where his conviction for violating California Health and Safety Code § 11378 for possession for sale of methamphetamine is an aggravated felony and a particularly serious crime. See 8 U.S.C. §§ 1101 (a)(43)(B), 1158(b)(2), 1231(b)(3)(B); Rendon v. Mukasey, 520 F.3d 967, 976 (9th Cir.2008) (“[Possession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony.”); Miguel-Miguel v. Gonzales, 500…

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