738 Fed.Appx. 494 (9th Cir. 2018), 16-72416, Valencia v. Sessions
|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|
Submitted September 12, 2018 [*]
Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1.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.
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 judges ("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 agencys 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
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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