DELGARDO ANTONIO FRAZER, AKA Delgardo A. Frazer, AKA Delgardo Anthonio Frazer, AKA… v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DELGARDO ANTONIO FRAZER, AKA
Delgardo A. Frazer, AKA Delgardo
Anthonio Frazer, AKA Richard Napier,
AKA Ricardo Thomas Smith, AKA Richard
Thomas Smith,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-72861
Agency No. A095-287-752
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Delgardo Antonio Frazer, a native and citizen of Jamaica, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
* 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).
FILED
AUG 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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immigration judge’s decision finding him inadmissible and denying his application
to adjust status. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for
substantial evidence the agency’s “reason to believe” determination and we review
de novo questions of law. Chavez-Reyes v. Holder, 741 F.3d 1, 3 (9th Cir. 2014).
We deny the petition for review.
Substantial evidence supports the agency’s determination that there was
“reason to believe” Frazer had knowingly and consciously been involved in drug
trafficking, where Frazer testified that he attempted to purchase more than 400
pounds of marijuana for a friend, and he pleaded guilty to solicitation to possess
marijuana for sale under Arizona Revised Statute § 13-1002. See 8 U.S.C.
§ 1182(a)(2)(C)(i) (providing that an alien is inadmissible if there is “reason to
believe” that he is or has been an “illicit trafficker in any controlled substance”);
Chavez-Reyes, 741 F.3d at 2-3 (no conviction is required for the agency to have
“reason to believe” an applicant engaged or assisted in illicit trafficking of drugs).
Accordingly, the agency properly determined Frazer was statutorily ineligible for
adjustment of status.
PETITION FOR REVIEW DENIED.

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