Immigration: Asylum-Withholding of Removal-Evidence of Eligibility

Petitioner petitioned for review of a final order of removal, which denied her application for asylum and withholding of removal. After being convicted of fifth-degree possession of a controlled substance, petitioner unsuccessfully attempted to resist removal by arguing that her crime was not a controlled-substance offense, that she had married a man who had served in the U.S. Navy, and that she had a history of past persecution or fear of future persecution.

Where petitioner’s state court conviction was a divisible statute and petitioner admitted to possessing a federally designated controlled substance, she was not eligible for cancellation of removal pursuant to the criminal alien bar.

Petition is denied.

Rendon v. Barr (MLW No. 74688/Case No. 18-2826 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Nicholas Ratkowski, of Saint Paul, MN for petitioner; Magdalena Metelska of St. Paul, MN, on brief) (Kathryn M. McKinney of Washington, DC, for respondent)