Nicole Stracher, a.k.a. Jihan Palmer, a.k.a. Nicole Palmer, a.k.a. Nicola Natalie… 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NOT FOR PUBLICATION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
NICOLE STRACHER, a.k.a. Jihan
Palmer, a.k.a. Nicole Palmer, a.k.a. Nicola
Natalie Stachan, a.k.a. Strachar, a.k.a.
Natalie Strawn-Hynes, a.k.a. Jihan
William, a.k.a. Burnadette Williams,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73968
Agency No. A095-687-691
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Nicole Stracher, a native and citizen of Jamaica, petitions pro se for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 3 --

11-73968 2
immigration judge’s decision denying her applications for relief, and denying her
motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review de
novo questions of law, and review for substantial evidence the agency’s factual
findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We review for
abuse of discretion the agency’s particularly serious crime determination, and the
denial of a motion to remand. Arbid v. Holder, 700 F.3d 379, 383 (9th Cir. 2012)
(per curiam); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We
deny the petition for review.
Stracher’s two convictions for possession of marijuana for sale in violation
of California Health & Safety Code § 11359 are aggravated felony drug trafficking
crimes as defined in 8 U.S.C. § 1101(a)(43)(B). See Rendon v. Mukasey, 520 F.3d
967, 975-76 (9th Cir. 2008) (possession of a controlled substance with the intent to
sell contains a trafficking element and is an aggravated felony). These convictions
render Stracher statutorily ineligible for asylum. See 8 U.S.C.
§§ 1158(b)(2)(A)(ii), (b)(2)(B)(i).
The agency did not abuse its discretion by determining that Stracher’s
convictions are particularly serious crimes that render her ineligible for
withholding of removal. See 8 U.S.C. § 1231(b)(3)(B)(ii); Miguel-Miguel v.

-- 2 of 3 --

11-73968 3
Gonzales, 500 F.3d 941, 946-49 (9th Cir. 2007) (drug trafficking felonies
presumptively constitute particularly serious crimes).
Substantial evidence supports the agency’s determination that Stracher failed
to establish that it is more likely than not that she would be tortured if she were
returned to Jamaica where she failed to show any threat of torture by or with the
acquiescence of Jamaican authorities. See Wakkary, 558 F.3d at 1067-68.
The agency did not abuse its discretion in denying Stracher’s motion to
remand to apply for special rule cancellation of removal for battered spouses
because her aggravated felonies render her statutorily ineligible for that form of
relief. See 8 U.S.C. § 1229b(b)(2)(A)(iv); Fernandez v. Gonzales, 439 F.3d 592,
599 (9th Cir. 2006).
In light of our disposition, we need not reach Stracher’s remaining
contentions.
PETITION FOR REVIEW DENIED.

-- 3 of 3 --