Vera-Bedolla

MEMORANDUM ***

Petitioner Ramiro Vera-Bedolla, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the immigration judge’s denial of his motion to reopen deportation proceedings conducted in absentia. VeraBedolla raises two issues on appeal: (1) that his prior conviction for possession of a single marijuana cigarette does not properly form the basis for deportation; and (2) the BIA abused its discretion in refusing to reopen his deportation proceedings. We review the BIA’s denial of a motion to reopen for abuse of discretion. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002).

Vera-Bedolla argues that his conviction for possession of one marijuana cigarette should not form the basis for deportation, noting that section 602 of the Immigration Act of 1990 (“IMMACT”) amended the Immigration and Nationality Act to exempt this type of conviction from the list of deportable offenses.

Although IMMACT amended the list of deportable offenses to exclude any controlled substance offense involving thirty or fewer grams of marijuana, section 602(d) provides that the amendment shall not apply to deportation…