Minh Duc Pham v. Immigration & Naturalization Service

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Minh Duc PHAM, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70726. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1994. * Decided March 18, 1994. Before: HUG, HALL and THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Minh Duc Pham appeals the decision of the Board of Immigration Appeals upholding the decision of the immigration judge that Pham is eligible for deportation as an aggravated felon and ineligible for withholding of deportation on the same basis. We affirm. 3 In support of this appeal, Pham makes two arguments. First he contends that the BIA erred in finding that the INS showed he was convicted of an aggravated felony. Pham does not dispute that he was convicted of unlawful delivery of cocaine to an Alaska state trooper. Instead, he argues that delivery of cocaine is not an aggravated felony under 8 U.S.C. Sec. 1101 (a)(43). 4 Contrary to Pham's…