Marlon Morrison v. Eric Holder, Jr. , 580 F. App'x 622 ( 2014 )

FILED
NOT FOR PUBLICATION JUN 26 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARLON ANTONIO MORRISON, a.k.a. No. 13-70975
Marlon Morrison,
Agency No. A203-051-562
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Marlon Antonio Morrison, a native and citizen of Jamaica, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying him relief from removal in the form of
cancellation of removal, voluntary departure, and adjustment of status. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cordoba
v. Holder, 726 F.3d 1106, 1113 (9th Cir. 2013), we deny the petition for review.
The agency correctly concluded that Morrison’s 2011 conviction for
solicitation to possess marijuana for sale under Arizona Revised Statutes §§ 13-
1002 and 13-3405 categorically constitutes a conviction for a crime involving
moral turpitude that renders him removable under 8 U.S.C. § 1227(a)(2)(A)(i), see
Barragan-Lopez v. Mukasey, 508 F.3d 899, 903-05 (9th Cir. 2007), and that
precludes him from demonstrating the good moral character necessary to qualify
for cancellation of removal under 8 U.S.C. § 1229b(b) and voluntary departure
under 8 U.S.C. § 1229c(b), see Morales-Garcia v. Holder, 567 F.3d 1058, 1062
(9th Cir. 2009) (cancellation of removal); Lafarga v. INS, 170 F.3d 1213, 1215
(9th Cir. 1999) (voluntary departure).
The agency also correctly concluded that this crime, as an undisputed
controlled-substance trafficking offense, bars Morrison from establishing his
eligibility for adjustment of status. See Negrete-Ramirez v. Holder, 741 F.3d 1047,
1056 (9th Cir. 2014) (“To be eligible for adjustment of status, an alien must
ordinarily be admissible.”); Rojas-Garcia v. Ashcroft, 339 F.3d 814, 823 (9th Cir.
2003) (“Section 212(a)(2)(C) [of the Immigration and Nationality Act] permits a
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finding of inadmissibility when the Attorney General has ‘reason to believe’ that
the alien was involved in drug-trafficking.”).
Morrison waived review of the agency’s conclusion that he is ineligible for
cancellation of removal under 8 U.S.C. § 1229b(a) due to the insufficient length of
his lawful residence and continuous physical presence in the United States. See
Singh v. Ashcroft, 361 F.3d 1152, 1157 n.3 (9th Cir. 2004) (“Issues not raised in an
appellant’s opening brief are typically deemed waived.”).
We do not consider the extra-record documents that Morrison appended to
his opening brief. See Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1290 n.7 (9th Cir.
2004) (“We may not consider any information beyond what the [agency] had
before it at the time of its decision.”).
PETITION FOR REVIEW DENIED.
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