Retano
Retano v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Jorge Retano, a native and citizen of Mexico and lawful permanent resident of the United States, petitions for review of the BIA’s summary affirmance of the IJ’s order finding Retano removable under 8 U.S.C. § 1182 (a)(2)(C)®, as an alien who the Attorney General “knows or has reason to believe” is or has been involved in drug trafficking. We have jurisdiction to determine jurisdiction — whether 8 U.S.C. § 1252 (a)(2)(C) bars judicial review of the final order of removal because substantial evidence supports the IJ’s conclusion that Retano is removable under 8 U.S.C. § 1182 (a)(2)(C)(i). See 8 U.S.C. § 1252 (a)(2)(C); Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1208 (9th Cir.2004).
We review for substantial evidence the IJ’s determination that there was reason *651 to believe that Retano is or has been an illicit trafficker in marijuana. Id. at 1211 . The IJ’s conclusion “must be affirmed if based on reasonable, substantial, and probative evidence.” Id. Similarly, the IJ’s findings of fact “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B). Because the parties are familiar with the facts, we…