Winston Walters v. Eric Holder, Jr.

MEMORANDUM

Winston Valentine Walters, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s determination that petitioner knowingly engaged in drug trafficking, Gomez-Granillo v. Holder, 654 F.3d 826, 836 (9th Cir.2011), and review de novo constitutional claims, Gutierrez v. Holder, 662 F.3d 1083, 1086 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Walters is inadmissible under 8 U.S.C. § 1182 (a)(2)(C)(i) as an illicit trafficker in a controlled substance, where an Immigration Customs Enforcement agent and a narcotics detective independently confirmed that Walters admitted to expecting a package with a large sum of money that he planned to use to purchase marijuana, and the package was addressed to Walters and contained $69,800. Contrary to Walters’ assertion, 8 U.S.C. § 1182 (a)(2)(C)(i) does not require a criminal conviction to establish inadmissibility. See…