Cole v. Holder

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1387
MILTON ORRETT COLE,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 27, 2010 Decided: February 17, 2010
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rion Latimore, LATIMORE ESQ., LLC, Cincinnati, Ohio, for
Petitioner. Tony West, Assistant Attorney General, William C.
Peachey, Assistant Director, Carol Federighi, Senior Litigation
Counsel, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Milton Orrett Cole, a native and citizen of Jamaica,
has petitioned for review of an order of the Board of
Immigration Appeals affirming the Immigration Judge’s order of
removal. Cole contends that his conviction in Virginia of
possession of marijuana with intent to distribute does not
qualify as an aggravated felony and that he is thus not
removable from the United States. We have reviewed the
administrative record and Cole’s various contentions and uphold
the Board’s finding that Cole’s conviction is an aggravated
felony that establishes his removability. See 8 U.S.C.
§ 1101(a)(43)(B) (2006); 21 U.S.C.A. § 841(a)(1) (West Supp.
2009).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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