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182826P.pdf   03/12/2020  Mirna Villegas Rendon  v.  William P. Barr
   U.S. Court of Appeals Case No:  18-2826
   Petition for Review of an Order of the Board of Immigration Appeals   
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Benton, Circuit Judge] Petition for Review - Immigration. The Minnesota statute under which petitioner was convicted for drug possession is divisible and, applying the modified categorical approach, the judicial records established that she was convicted of possessing methamphetamine; as methamphetamine is a federally controlled substance, her conviction under Minn. Stat. section 152.05 constitutes grounds for removal; petitioner is not eligible for cancellation of removal; the court lacked jurisdiction to review the question of fact as to how the BIA and the IJ weighed evidence; the criminal alien bar precludes review of the BIA's decision on petitioner's application for asylum and withholding of removal; the IJ did not abuse her discretion by denying petitioner's application to terminate the removal proceedings; the BIA did not err in agreeing with the IJ that the decision to terminate proceedings in this instance was left to the Department of Homeland Security's discretion, and the BIA did not abuse its discretion in declining to terminate the proceedings.