Antonio Salazar Montiel v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTONIO SALAZAR MONTIEL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70308
Agency No. A091-611-884
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Antonio Salazar Montiel, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s removal order. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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continue and a particularly serious crime determination. Ahmed v. Holder, 569
F.3d 1009, 1012 (9th Cir. 2009); Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.
2012). We review for substantial evidence the agency’s factual findings and
review de novo questions of law. Ahmed, 569 F.3d at 1012. We deny the petition
for review.
The agency properly concluded that Salazar Montiel is ineligible for asylum
and withholding of removal where his conviction for violating California Health
and Safety Code § 11378 for possession for sale of methamphetamine is an
aggravated felony and a particularly serious crime. See 8 U.S.C.
§§ 1101(a)(43)(B), 1158(b)(2), 1231(b)(3)(B); Rendon v. Mukasey, 520 F.3d 967,
976 (9th Cir. 2008) (“[P]ossession of a controlled substance with the intent to sell
contains a trafficking element and is an aggravated felony.”); Miguel-Miguel v.
Gonzales, 500 F.3d 941, 947-49 (9th Cir. 2007) (aggravated felonies involving
unlawful trafficking in controlled substances presumptively constitute particularly
serious crimes).
Substantial evidence supports the agency’s finding that Salazar Montiel
failed to show it is more likely than not he will be tortured with the consent or
acquiescence of the government if returned to Guatemala. See Zheng v. Holder,
644 F.3d 829, 835-36 (9th Cir. 2011).

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The agency did not abuse its discretion in concluding that Salazar Montiel
failed to show good cause for a third continuance to await the completion of
post-conviction relief proceedings in state court. See 8 C.F.R. § 1003.29; Ahmed,
569 F.3d at 1012-15 (continuance may be granted for good cause).
The BIA properly determined that it did not have jurisdiction to review
Salazar Montiel’s challenge to his bond proceedings. See 8 C.F.R. § 1003.19(d);
Matter of P-C-M-, 20 I. & N. Dec. 432, 433-34 (BIA 1991).
We deny Salazar Montiel’s pending motions for a stay of removal.
PETITION FOR REVIEW DENIED.

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