NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 15 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANA BEATRIZ BIOCINI, AKA Ana No. 15-73379 Jaramillo De Rivera, AKA Ana Racines Jaramillo, Agency No. A091-182-333 Petitioner, MEMORANDUM* v. MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted August 13, 2018 San Francisco, California Before: BEA and MURGUIA, Circuit Judges, and SOTO,** District Judge. Ana Beatriz Biocini, a native and citizen of Colombia, petitions this court for review of the Board of Immigration Appeals (“BIA”) dismissal of her claims for immigration relief. Biocini is a legal permanent resident (“LPR”) who was * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable James Alan Soto, United States District Judge for the District of Arizona, sitting by designation. arrested in 1995 for conspiring to distribute cocaine in violation of 21 U.S.C. § 846. In 1998, Biocini pleaded guilty to conspiring to distribute cocaine, and in 2003 was sentenced to 30 months imprisonment and 5 years supervised release. In 2005, the U.S. Department of Homeland Security placed Biocini in removal proceedings. On appeal, Biocini advances four arguments. First, she challenges the BIA’s determination that she is ineligible for a waiver of deportation under § 212(c) of the Immigration and Nationality Act (“INA”). Second, Biocini contests the BIA’s conclusion that her drug offense constitutes a particularly serious crime, which rendered her ineligible for withholding of removal. Third, Biocini asserts that the BIA erred in determining that her claim for protection under the Convention Against Torture (“CAT”) was improperly before the BIA because the BIA erroneously concluded that the Ninth Circuit’s previous dismissal of this claim precluded the BIA from considering it. Finally, Biocini asks us to permanently enjoin the government from seeking to remove her from the United States under the state-created danger doctrine, which allows federal courts to enjoin the government from deporting an alien when the government’s malfeasance has created conditions that would place a person who is deported in danger. See Wang v. Reno, 81 F.3d 808 (9th Cir. 1996) (per curiam). We have jurisdiction pursuant to 8 U.S.C. § 1252(a), and we deny the 2 petition in part, grant the petition in part, and remand to the BIA for further proceedings. 1. The Antiterrorism and Effective Death Penalty Act (“AEDPA”) and the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) rendered § 212(c)’s discretionary waiver from deportation unavailable to aliens convicted of aggravated felonies. See INS v. St. Cyr, 533 U.S. 289, 297 (2001); Cardenas-Delgado v. Holder, 720 F.3d 1111, 1115 (9th Cir. 2013). In Robles Lopez v. Sessions, No. 15-72747, 2018 WL 4000256 (9th Cir. Aug. 22, 2018), our court held that a petitioner convicted of an aggravated felony after the effective date of AEDPA’s 1996 amendment to § 212(c) was ineligible for relief under § 212(c). ...
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