Mark Smart v. Eric Holder, Jr.

MEMORANDUM

Mark Smart, a native and citizen of Belize, petitions pro se for review of a decision by the Board of Immigration Appeals (“BIA”). Smart raises the same arguments before this Court that he raised before the BIA. The BIA upheld the immigration judge’s ruling that Smart’s conviction for possession of marijuana for sale, in violation of California Health and Safety Code § 11359, constituted a drug trafficking crime and therefore was an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B), rendering him removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). The BIA also rejected Smart’s due process claim. To the extent Smart challenges these holdings, we have jurisdiction. See 8 U.S.C. § 1252 (a)(2)(D); Kwong v. Holder, 671 F.3d 872, 876 (9th Cir.2011); see also Kin v. Holder, 595 F.3d 1050 (9th Cir.2010); Vizcarra-Ayala v. Mukasey, 514 F.3d 870, 873 (9th Cir.2008). However, to the extent Smart raises other issues, we do not have jurisdiction to consider them. 8 U.S.C. § 1252 (a)(2)(C).

Where, as here, the BIA writes its own decision and does not adopt the immigration judge’s decision, we review the BIA’s decision only. See Aden v. Holder, 589 F.3d 1040, 1043 (9th Cir.2009). We…