Lawrence v. Garland

U.S. Court of Appeals for the Ninth Circuit

Lawrence v. Garland

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 24 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ADE ADEMOLA LAWRENCE, No. 23-3557 Agency No. Petitioner, A099-286-803 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 16, 2024**

Before: SILVERMAN, R. NELSON, and MILLER, Circuit Judges.

Ade Ademola Lawrence, a native and citizen of Nigeria, petitions pro se for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision finding him removable. We have jurisdiction under

8 U.S.C. § 1252. We review de novo questions of law, including whether a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). conviction is an aggravated felony. Valdez v. Garland, 28 F.4th 72, 76-77 (9th Cir.

2022). We deny the petition for review.

Because Lawrence’s conviction for conspiracy to possess, aboard an

aircraft, with intent to distribute five kilograms or more of cocaine in violation of

sections 959(b)(1), 960(b)(1)(B)(ii), and 963 of the Controlled Substances Import

and Export Act, 21 U.S.C. § 951 et seq., is a felony punishable under one of the

federal drug laws listed in 18 U.S.C. § 924(c)(2), it is a “drug trafficking crime”

and thus an aggravated felony rendering him removable under 8 U.S.C.

§ 1227(a)(2)(A)(iii). See Daas v. Holder, 620 F.3d 1050, 1054 (9th Cir. 2010);

8 U.S.C. § 1101(1)(43)(B) (an aggravated felony includes a “drug trafficking

crime” as defined in 18 U.S.C. § 924(c)); 18 U.S.C. § 924(c)(2) (a “drug

trafficking crime” includes any felony punishable under the Controlled Substances

Import and Export Act).

PETITION FOR REVIEW DENIED.

2 23-3557

Reference

Status
Unpublished