Steele

MEMORANDUM

Nathaniel Rory Steele, a native and citizen of South Africa, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency properly found Steele ineligible for cancellation of removal based upon his 1994 conviction for an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B). See 8 U.S.C. § 1229b(a)(3); Rendon v. Mukasey, 520 F.3d 967, 976 (9th Cir.2008) (conviction for possession of marijuana for sale is categorically an “aggravated felony” under 8 U.S.C. § 1101 (a)(43)(B)); see also Becker v. Gonzales, 473 F.3d 1000, 1002-04 (9th Cir.2007) (upholding retroactive application of the expanded “aggravated felony” definition under Illegal Immigration and Immigrant Responsibility Act, Pub.L. No. 104-208, § 321 , 110 Stat. 3009 (1996)).

The agency also properly found that Steele could not apply for both cancellation of removal and a waiver under former section 212(c). See 8 U.S.C. §…