Garbutt

MEMORANDUM **

Roy A. Garbutt, a native and citizen of Belize, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) order removing Garbutt because he was convicted of an aggravated felony. The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 apply to this case because removal proceedings were initiated against petioner after April 1, 1997. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We have jurisdiction to consider whether petitioner has committed a deportable offense, but must dismiss his petition for lack of jurisdiction if we conclude that he has. See Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000). We dismiss.

Petitioner’s second state court conviction for possession of cocaine in violation of Section 11350(A) of the California Health and Safety Code is an aggravated felony under 8 U.S.C. § 1101 (a)(43), rendering him removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). See United States v. Garcia-Olmedo, 112 F.3d 399, 400-01 (9th Cir.1997) (holding that a second state court conviction for simple possession of narcotics is an…