Rendon

I. FACTS AND PROCEDURAL HISTORY

Benedicto Rendon is a native and citizen of Mexico who has been a lawful permanent resident of the United States since 1995. In April 1997, he was convicted of possession with the intent to sell marijuana under Kansas law (the “Kan- sas conviction”). See KAN. STAT. ANN. § 65-4163(a). Six years later, in May 2003, Rendon was convicted in Utah for attempting to possess cocaine in violation of UTAH CODE ANN. § 58-37-8(2)(a)(i) (the “Utah conviction”). The Department of Homeland Security (“Department”) issued to Rendon a Notice to Appear on April 8, 2005, which charged him with removability under 8 U.S.C. § 1227(a)(2)(B)(i), as an alien who, after admission to the United States, has been convicted of a controlled substance violation. The Notice to Appear listed the Utah conviction as the basis for removal.

Rendon appeared pro se at his removal hearing before the Immigration Judge (“IJ”). He conceded his removability but applied for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Tor- ture (“CAT”).1 The IJ found Rendon to be removable under § 1227(a)(2)(B)(i) on the basis of the Utah conviction.…