Marinelarena v. Sessions
9th Cir.; 14-72003 The court of appeals denied in part and dismissed in part a petition for review of an order of the Board of Immigration Appeals. The…
August 28, 2017 at 06:27 PM
3 minute read
9th Cir.;
14-72003
The court of appeals denied in part and dismissed in part a petition for review of an order of the Board of Immigration Appeals. The court held that the Supreme Court's decision in Moncrieffe v. Holder, 133 S. Ct. 1678 (2013) did not abrogate the holding in Young v. Holder, 697 F.3d 976, 990 (9th Cir. 2012) (en banc) that an incomplete record renders a petitioner ineligible for cancellation of removal.
Mexican citizen Aracely Marinelarena pleaded guilty to conspiring to sell and transport a controlled substance in violation of California Penal Code section 182(a)(1). After the federal government initiated removal proceedings, she applied for cancellation of removal, arguing that her conviction was not for a disqualifying controlled substance offense. The immigration judge denied relief, and the Board of Immigration Appeals (BIA) upheld that decision.
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