Opinion
No. 12-71863
11-26-2014
JENNIFER F. ENCARNACION, AKA Jennifer F. Lu Gallindo Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A078-444-408 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jennifer F. Encarnacion, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We deny the petition for review.
Under the modified categorical analysis, the abstract of judgment, the minute order, and the felony complaint, taken together, show that Encarnacion pled guilty to possession for sale of methamphetamine under California Health & Safety Code § 11378. See id. at 984-86; Cabantac v. Holder, 736 F.3d 787, 793-94 (9th Cir. 2013) (per curiam) (Where "the abstract of judgment or minute order specifies that a defendant pleaded guilty to a particular count of the criminal complaint or indictment, we can consider the facts alleged in that count."); United States v. Snellenberger, 548 F.3d 699, 701-02 (9th Cir. 2008) (en banc) (per curiam) (a minute order is sufficiently reliable to be used in applying the modified categorical approach in tandem with a complaint). Accordingly, the agency properly concluded that the Department of Homeland Security presented clear and convincing evidence that Encarnacion is removable under 8 U.S.C. § 1227(a)(2)(A)(iii), (B)(i).
Encarnacion's contention that the BIA engaged in impermissible fact-finding is not supported by the record.
PETITION FOR REVIEW DENIED.