Puresa Lozoya Vazquez 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NOT FOR PUBLICATION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
PURESA LOZOYA VAZQUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73321
Agency No. A070-033-381
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.
Puresa Lozoya Vazquez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her applications for withholding of removal
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s
determination that an alien was convicted of a particularly serious crime. Arbid v.
Holder, 700 F.3d 379, 383 (9th Cir. 2012). We review for substantial evidence the
agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.
2009). We deny the petition for review.
The agency did not abuse its discretion when it determined that Lozoya
Vazquez’s conviction is a particularly serious crime that renders her ineligible for
withholding of removal. See 8 U.S.C. § 1231(b)(3)(B)(ii); Miguel-Miguel v.
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 Lozoya
Vazquez failed to establish it is more likely than not that she would be tortured if
she returned to Mexico. See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.

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