FILED
NOT FOR PUBLICATION FEB 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HECTOR FERRER-NEGRETE, No. 10-72884
Petitioner, Agency No. A092-042-870
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Hector Ferrer-Negrete, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We review de novo questions of law, Rendon
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
v. Mukasey, 520 F.3d 967, 971 (9th Cir. 2008), and we deny the petition for
review.
The agency properly concluded that the conviction documents in the record
establish that Ferrer-Negrete’s March 12, 2001, conviction under Arizona Revised
Statutes § 13-3408 for possession for sale of cocaine renders him removable under
8 U.S.C. § 1227(a)(2)(A)(iii) and 8 U.S.C. § 1227(a)(2)(B)(i). See 8 U.S.C.
§ 1252(a)(2)(C); see also Rendon, 520 F.3d at 976 (“[P]ossession of a controlled
substance with the intent to sell contains a trafficking element and is an aggravated
felony.”). Our jurisdiction therefore is limited to questions of law. See 8 U.S.C.
§ 1252(a)(2)(D).
Because Ferrer-Negrete’s conviction is an aggravated felony, the agency did
not err in concluding that he was statutorily ineligible for cancellation of removal.
See 8 U.S.C. § 1229b(a)(3); see also Rendon, 520 F.3d at 976.
PETITION FOR REVIEW DENIED.
2 10-72884