Nicole Stracher v. Eric Holder, Jr.

MEMORANDUM

Nicole Stracher, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her applications for relief, and denying her motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, and review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We review for abuse of discretion the agency’s particularly serious crime determination, and the denial of a motion to remand. Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.2012) (per curiam); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

Stracher’s two convictions for possession of marijuana for sale in violation of California Health & Safety Code § 11359 are aggravated felony drug trafficking crimes as defined in 8 U.S.C. § 1101 (a)(43)(B). See Rendon v. Mukasey, 520 F.3d 967, 975-76 (9th Cir.2008)(possession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony). These convictions render Stracher statutorily ineligible for…