Jose Pazarin-Castrejon v. Eric Holder, Jr.

435 F. App'x 709

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 6, 2011
• Docket: 09-73002
• Status: Unpublished

Opinion

MEMORANDUM **

Jose Luis Pazarin-Castrejon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004), and we deny the petition for review.

The IJ properly concluded that Pazarin-Castrejon’s conviction for violating California Health and Safety Code § 11378 is an aggravated felony under 8 U.S.C. § 1101(a)(43)(B). See Rendon v. Mukasey, 520 F.3d 967, 976 (9th Cir.2008) (“[P]ossession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony.”); see also United States v. Valle-Montalbo, 474 F.3d 1197, 1201 (9th Cir.2007) (section 11378 criminalizes only possession of a controlled substance with the intent to sell).

PETITION FOR REVIEW DENIED.

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