Donovan Hastings v. Loretta E. Lynch

MEMORANDUM

Donovan A. Hastings, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“U”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The agency correctly determined that Hastings’ conviction under California Health and Safety Code (“CHSC”) § 11359, for possession for sale of marijuana, constitutes a drug trafficking aggravated felony under 8 U.S.C. § 1101 (a)(43)(B). See Roman-Suaste v. Holder, 766 F.3d 1035, 1037 (9th Cir. 2014) (“[A] conviction for possession of marijuana for sale under CHSC § 11359 is categorically an aggravated felony, namely ‘illicit trafficking in a controlled substance.’” (quoting 8 U.S.C. § 1101 (a)(43)(B))). Hastings contends that a conviction under CHSC § 11359 is not categorically an aggravated felony because one can be convicted under that statute for distribution without remuneration of a small amount of marijuana. However, we have…