Landero-Guzman

MEMORANDUM ***

Lorena Landero-Guzman (“Landero”) petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) pretermission of her application for cancellation of removal. The IJ and BIA found that solicitation of possession of narcotic drugs for sale, for which Landero had been convicted under Arizona law (ARiz. Rev. Stat. §§ 13-1002, -3408), was a crime involving moral turpitude (“CIMT”), and that Landero was therefore ineligible for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition for review.

Landero contends that the statute under which she was convicted includes conduct beyond ordinary drug trafficking; therefore, that her crime was not a CIMT under the categorical approach. We disagree. Arizona law distinguishes between the possession of a narcotic drug for sale, Ariz. Rev.Stat. §§ 13-3408(A)(2), and the less serious crime of possession or use of a narcotic drug, Ariz.Rev.Stat. §§ 13-3408(A)(1). Landero’s argument that she could have been convicted of solicitation of the more serious offense merely for attempting to purchase drugs for personal use, or even for making…