Garcia-Gonzalez v. Holder, No. 12-3651 (8th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision that he was ineligible for adjustment of status. The court concluded that the IJ and the BIA did not err in concluding that defendant was inadmissible because substantial evidence supported the finding that he has admitted to committing acts which constitute the essential elements of a violation of 21 U.S.C. 846, a law of the United States related to controlled substances. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - immigration. Because racketeering conviction constituted a conviction for an aggravated felony and the guilty plea constituted an admission to violating acts relating to a controlled substance and to a crime involving moral turpitude, the Board of Immigration Appeals did not err in concluding alien was ineligible for adjustment of status.
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