Gregorio Salgado v. Eric Holder, Jr.

436 F. App'x 751

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 6, 2011
• Docket: 09-73913
• Status: Unpublished

Opinion

MEMORANDUM **

Gregorio Reyes Salgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir.2008), and we deny the petition for review.

The agency properly concluded that Sal-gado’s conviction for possession of marijuana for sale in violation of California Health & Safety Code § 11359 constitutes an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(B). See id. 975-76 (possession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony). Salgado is therefore statutorily ineligible for cancellation of removal. See 8 U.S.C. § 1229b(a)(3).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.