NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-1464 _____________ RAIDERY JOSE HERNANDEZ CARABALLO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ ON PETITION FOR REVIEW OF A DECISION OF THE BOARD OF IMMIGRATION APPEALS Immigration Judge: Walter A. Durling (A061-491-327) ______________ Submitted Under Third Circuit L.A.R. 34.1(a) November 13, 2018 ______________ Before: GREENAWAY, JR., SHWARTZ and BIBAS, Circuit Judges. (Opinion Filed: February 28, 2019) ______________ OPINION* ______________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. GREENAWAY, JR., Circuit Judge. Petitioner Raidery Caraballo appeals from a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision of an Immigration Judge (“IJ”) finding him removable. The IJ found that, due to his conviction in Pennsylvania for possession of heroin, Caraballo was removable pursuant to 8 U.S.C. § 1227(a)(2)(B)(i).1 For the reasons set forth below, we will deny his petition for review. Caraballo is a citizen of the Dominican Republic who entered the United States as a lawful permanent resident in 2011. Based on his plea to a violation of 35 PA. STAT. AND CONS. STAT. ANN. § 780-113(a)(16),2 he was served with a Notice to Appear on January 3, 2017, charging him as removable under 8 U.S.C. § 1227(a)(2)(B)(i). Before the IJ, Caraballo filed a motion to terminate removal, arguing that the Government’s evidence did not establish what controlled substance Caraballo was convicted of possessing. The IJ denied that motion. Caraballo then filed an application for asylum, 1 In pertinent part, 8 U.S.C. § 1227(a)(2)(B)(i) provides that “[a]ny alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State . . . relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.” Heroin is a controlled substance pursuant to 21 U.S.C. § 802. 2 Section 780-113(a)(16) prohibits “[k]nowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act.” 35 PA. STAT. AND CONS. STAT. ANN. § 780-113(a)(16). 2 which he later voluntarily withdrew. Before his merits hearing, Caraballo filed a motion for a continuance in order to challenge his conviction in a Post-Conviction Relief Act proceeding. The IJ denied that motion and entered an order of removal. Caraballo sought review before the BIA, where he challenged the denial of his motions to terminate and for a continuance. The BIA found no error in the IJ’s decision to deny the continuance3 and dismissed on the merits, agreeing with the IJ that the conviction ...
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