USCA11 Case: 20-11936 Date Filed: 03/23/2021 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-11936 Non-Argument Calendar ________________________ Agency No. A035-307-537 FLOYD RUPERT MURRAY, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 23, 2021) Before WILSON, JORDAN, and GRANT, Circuit Judges. PER CURIAM: USCA11 Case: 20-11936 Date Filed: 03/23/2021 Page: 2 of 10 Pro se petitioner Floyd Murray is a native and citizen of Trinidad and Tobago. He seeks review of the Board of Immigration Appeals’ (BIA) final order dismissing his appeal from an Immigration Judge’s (IJ) decision pretermitting his application for cancellation of removal. Murray argues that he met his burden of showing that he was not convicted of an aggravated felony and is therefore eligible for relief. He also argues that his rights were violated under the Due Process Clause and the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). After careful review, we conclude, first, that Murray failed to prove that he was not convicted of an aggravated felony. Second, the record does not support the claim that Murray’s due process rights were violated. Third, we lack jurisdiction to review Murray’s CAT claim, as it was not exhausted below. Therefore, we deny the petition in part and dismiss the petition in part. I. Murray came to the United States as a lawful permanent resident in 1975. In 2018, he pleaded no contest to one count of possession of cocaine (case number 2018-0080) and one count of selling cocaine (case number 2018-0064), in violation of Fla. Stat. § 893.13(1)(a). A state court sentenced him to 15 months of incarceration. 2 USCA11 Case: 20-11936 Date Filed: 03/23/2021 Page: 3 of 10 In May 2019, the Department of Homeland Security (DHS) served Murray with a Notice to Appear that charged him with being removable based on his conviction for an offense relating to a controlled substance, pursuant to the Immigration and Nationality Act (INA) § 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i). Murray had a hearing before an IJ. Choosing to proceed pro se, he admitted the factual allegations contained in the Notice to Appear. Accordingly, the IJ found that DHS had met its burden to establish removability and sustained the charge that Murray was convicted of a controlled substance offense. Next, the IJ inquired whether Murray qualified for any relief or protection from removal. The IJ noted that a conviction for the sale of cocaine under Fla. Stat. § 893.13(1)(a) qualifies as an illicit trafficking aggravated felony, which would bar eligibility for relief. Finding that Murray had failed to carry his burden of showing that he was not convicted of an aggravated felony, the IJ concluded that Murray was ineligible for cancellation of removal. The IJ ordered Murray to be removed from the United States to Trinidad and Tobago. Murray appealed to the BIA. In his pro se brief …
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