Jose Pazarin-Castrejon v. Eric Holder, Jr. , 435 F. App'x 709 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE LUIS PAZARIN-CASTREJON, No. 09-73002
Petitioner, Agency No. A039-318-839
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.
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.
*
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).
§ 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.
2 09-73002