Brown v. Holder

FILED NOT FOR PUBLICATION JUN 02 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT PAUL BROWN, No. 07-74779 Petitioner, Agency No. A078-497-007 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges. Paul Brown, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de * 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). novo questions of law, Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir. 2008), and we deny the petitions for review. The record of conviction establishes that Brown was convicted of “Attempted Possession of Marijuana for Sale,” a felony, in violation of Arizona Revised Statutes §§ 13-3401, 3405, 3418, 1001, 301, 302, 303, 304, 701, 702, 702.01, and 801. See United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir. 2008) (en banc) (per curiam). The agency properly concluded that “Attempted Possession of Marijuana for Sale” contains a trafficking element and is therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(B). See Rendon, 520 F.3d at 975- 76. Accordingly, the agency did not err in finding Brown removable. PETITION FOR REVIEW DENIED. 2 07-74779