Lindell
Lindell v. Gonzales
Opinion
Lead Opinion
*298 MEMORANDUM ***
Ronney Curth Lindell, a native of Sweden who was granted permanent lawful resident status in 1980, was convicted in 1992 and 1999 for possession of a controlled substance, to wit, methamphetamine. In 2002, his convictions were expunged pursuant to CahPenal Code §§ 1203.3, 1203.4. In 2003, removal proceedings were initiated against Lindell based on his 1999 possession conviction. The immigration judge ultimately denied his motion to terminate removal proceedings, denied his applications for cancellation of removal and adjustment of status, and ordered him removed from the United States. The Board of Immigration Appeals affirmed, and now Lindell appeals.
1. Lindell first argues that the record does not show that he was convicted of possession of methamphetamine, a crime that makes him inadmissible under 8 U.S.C. § 1182 (a)(2)(A)(i)(II). Lindell, however, failed to raise this argument in the proceedings below, and thus this argument is waived on appeal. Rodas-Mendoza v. INS, 246 F.3d 1237, 1240 (9th Cir.2001); Farhoud v. INS, 122 F.3d 794, 797 (9th Cir.1997). Even if this argument were considered, the record below demonstrates that he was charged and convicted…