ERICK ALVAREZ ARIAS V. JEFFERSON SESSIONS, No. 15-73038 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ERICK OSWALDO ALVAREZ ARIAS, Erick O. Alvarez, AKA Erick Oswaldo Alvarez, No. U.S. COURT OF APPEALS 15-73038 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

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