Charles Bertrand v. Eric Holder, Jr.

MEMORANDUM

Charles Bertrand petitions for review of a decision by the Board of Immigration Appeals (“BIA”) ordering Bertrand removed to Haiti and denying Bertrand’s petitions for asylum, withholding of removal, and deferral of removal. As the facts are known to the parties, we repeat them here only as necessary.

I

Bertrand first argues that the BIA erred when it determined that he was ineligible for asylum and withholding of removal because his conviction for Sale of Cannabis in 2001 constituted a “particularly serious crime.” See 8 U.S.C. §§ 1158 (b)(2)(A)(ii), 1231(b)(3)(B) (ii). We have jurisdiction to review such a determination. See Delgado v. Holder, 648 F.3d 1095 , 2011 WL 3633695 , at *1 (9th Cir.2011) (en banc). “An offense need not be an aggravated felony to be a particularly serious crime,” and the BIA “has the authority to designate offenses as particularly serious crimes through case-by-case adjudication of applications for asylum and withholding of removal.” Id. In determin ing that Bertrand’s conviction for Sale of Cannabis constituted a conviction for a “particularly serious crime,” the BIA explained that drug trafficking felonies presumptively constitute…