DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.