Devon Bennett v. Eric Holder, Jr.

Good Law
508 F. App'x 599
United States Court of Appeals for the Ninth CircuitFebruary 13, 201311-73442California512 words

Opinion

Opinion

MEMORANDUM

Devon Anthony Bennett, a native and citizen of Jamaica, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Bennett’s 2009 conviction for transportation of marijuana under California Health and Safety Code § 11360(a) renders him removable under 8 U.S.C. § 1227 (a)(2)(B)(i) as an alien convicted of a law relating to a controlled substance. See Pagayon v. Holder, 675 F.3d 1182, 1189-90 (9th Cir.2011) (petitioner’s “pleading stage” admission that his conviction involved [marijuana] is sufficient to establish his removability). Bennett’s 2009 conviction is final for immigration purposes. Planes v. Holder, 652 F.3d 991, 996 (9th Cir.2011). We need not address the remaining ground of removability.

Bennett’s…

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