Erick Alvarez Arias v. Jefferson Sessions , 707 F. App'x 870 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK OSWALDO ALVAREZ ARIAS, No. 15-73038
Erick O. Alvarez, AKA Erick Oswaldo
Alvarez, Agency No. A043-279-804
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges
Erick Oswaldo Alvarez Arias, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying cancellation of removal, asylum, and
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
de novo whether an offense qualifies as an aggravated felony. Carlos-Blaza v.
Holder, 611 F.3d 583, 587 (9th Cir. 2010). We deny the petition for review.
Alvarez Arias’ conviction for possession of marijuana for sale under
California Health and Safety Code § 11359 is categorically an aggravated felony
under 8 U.S.C. § 1101(a)(43)(B). See Roman-Suaste v. Holder, 766 F.3d 1035,
1039 (9th Cir. 2014) (holding conviction under statute to be a categorical
aggravated felony after considering Moncrieffe v. Holder, 569 US 184 (2013)).
Accordingly, the agency did not err in finding him ineligible for cancellation of
removal and asylum. See 8 U.S.C. §§ 1158(b)(2)(A)(ii), (b)(2)(B)(i); 1229b(a).
PETITION FOR REVIEW DENIED.
2 15-73038