Tucker
Tucker v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Petitioner, Dwight Fitzgerald Tucker, a native and citizen of Belize, seeks relief *524 from the Board of Immigration Appeals’ determination that he is removable for having been convicted of a controlled substance offense. For the reasons set forth below, the petition for review is denied.
I.
Tucker legally immigrated to the United States with his parents in March 1977. During his time in the United States, he has amassed three convictions. First, on April 27, 1989, Tucker pleaded guilty in New York state court to a felony charge of sale of cocaine in violation of section 220.31 of the New York Penal Law. He was sentenced to a prison term of between one and three years. Second, on July 2, 2003, Tucker pleaded guilty in Arizona state court to possession of marijuana in violation of section 13-3405 of the Arizona Revised Statutes. Tucker was sentenced to probation. Third, on September 23, 2003, Tucker again pleaded guilty in Arizona state court to a charge of possession of marijuana in violation of section 13-3405 of the Arizona Revised Statutes. The court concluded that Tucker had violated his probation for his previous conviction, and sentenced Tucker to one year…