Gregorio Salgado v. Eric Holder, Jr. , 436 F. App'x 751 ( 2011 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 06 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
GREGORIO REYES SALGADO, No. 09-73913
Petitioner, Agency No. A037-723-936
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 Salgado’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.
2 09-73913