738 Fed.Appx. 494 (9th Cir. 2018), 16-72416, Valencia v. Sessions

Docket Nº:16-72416
Citation:738 Fed.Appx. 494
Party Name:Jose Alfredo Soto VALENCIA, AKA Jose Soto, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.
Attorney:Keli M. Reynolds, Attorney, Olmos & Reynolds Law Group, LLP, Los Angeles, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, David J. Schor, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration L...
Judge Panel:Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Case Date:September 19, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 494

738 Fed.Appx. 494 (9th Cir. 2018)

Jose Alfredo Soto VALENCIA, AKA Jose Soto, Petitioner,

v.

Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 16-72416

United States Court of Appeals, Ninth Circuit

September 19, 2018

Submitted September 12, 2018 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Keli M. Reynolds, Attorney, Olmos & Reynolds Law Group, LLP, Los Angeles, CA, for Petitioner

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, David J. Schor, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. AXXX-XX6-823

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.

MEMORANDUM[**]

Jose Alfredo Soto Valencia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ ("BIA") order dismissing his appeal from an immigration judge’s ("IJ") decision denying his application for asylum, withholding of removal, and related relief. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We review for substantial evidence the agency’s adverse credibility determination. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review.

The agency correctly determined Soto Valencia is ineligible for asylum, because his conviction for possession of heroin for sale under California Health and Safety Code § 11351 is an aggravated felony. See 8 U.S.C. § 1158(b)(2)(A)(ii), (B)(i) (applicant

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convicted of an aggravated felony is ineligible for asylum); Murillo-Alvarado v. Sessions, 876 F.3d 1022, 1027 (9th Cir. 2017) (§ 11351 is divisible as to its controlled substance requirement and subject to the modified categorical approach).

As to withholding of removal, substantial evidence supports...

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