Antonio Salazar Montiel v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Puresa Lozoya Vazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration *602 judge’s decision denying her applications for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s determination that an alien was convicted of a particularly serious crime. Arbid v. Holder, 700 F.3d 379, 383 (9th Cir. 2012). We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.
The agency did not abuse its discretion when it determined that Lozoya Vazquez’s conviction is a particularly serious crime that renders her ineligible for withholding of removal. See 8 U.S.C. § 123 l(b)(3)(B)(ii); Miguel-Miguel v. Gonzales, 500 F.3d 941, 946-49 (9th Cir. 2007) (drug trafficking felonies presumptively constitute particularly serious crimes).
Substantial evidence supports the agency’s determination that Lozoya Vazquez failed to establish it is more likely than not that she would be tortured if she returned to Mexico. See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Puresa Lozoya VAZQUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished