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NOT FOR PUBLICATION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. COURT OF APPEALS
2 11-73968

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.
3 11-73968

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.