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NOT FOR PUBLICATION JUN 02 2010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