Rafael BARAJAS-ARCEO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 397 F. App'x 340

MEMORANDUM Rafael Barajas-Arceo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir.2009), and deny the petition for review. Barajas-Arceo contends that his conviction under Cal. Health & Safety Code § 11352(

a) does not render him ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1)(

C) because the statute of conviction encompasses solicitation offenses and is therefore over-inclusive with respect to 8 U.S.C. § § 1182(a)(2)(A)(i)(II) and 1227(a)(2)(B)(i). This contention is foreclosed by Mielewczyk, 575 F.3d at 996-98. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.