NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 17-3577 ____________ CHARLES ISAAC MENSAH, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent __________________________________ On a Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A046-708-354) Immigration Judge: John B. Carle __________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) July 19, 2018 Before: JORDAN, RESTREPO and SCIRICA, Circuit Judges (Opinion filed: August 27, 2018) ____________ OPINION* ____________ PER CURIAM __________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Charles Isaac Mensah petitions for review of the Board of Immigration Appeals’ final order of removal. For the reasons that follow, we will deny the petition for review. Mensah, a native and citizen of Ghana, was admitted to the United States on October 30, 1999 as a lawful permanent resident. He joined the United States Marine Corps in September 2001 and served until February 2005, when he received a bad conduct discharge. In June 2009, Mensah was charged in the United States District Court for the Western District of New York with several violations of the Controlled Substance Act, and released on a cash bond. He was placed on pretrial supervision and was not permitted to leave the United States. In June 2011, Mensah traveled to Ghana to visit his grandmother. When the pretrial supervision unit found out they issued a warrant for his arrest. When Mensah returned to the United States on September 29, 2011, the Department of Homeland Security (“DHS”) deemed him to be an arriving alien seeking admission, rather than a lawful permanent resident, and paroled him into the United States for prosecution based on the outstanding arrest warrant relating to the drug trafficking charges. In February 2012, a jury found Mensah guilty of (1) conspiracy to possess with intent to distribute and to distribute fifty grams or more of a controlled substance, in violation of 21 U.S.C. § 846, as it relates to 21 U.S.C. § 841(a)(1) and 841(b)(1)(B); and (2) use of a communication facility to commit a drug trafficking crime in violation of 21 U.S.C. § 843(b). The judgment of conviction was entered on June 11, 2012, and Mensah was sentenced to a term of imprisonment of 72 months, which subsequently was reduced 2 to 70 months. On March 25, 2013, the United States Court of Appeals for the Second Circuit affirmed the criminal judgment. On February 6, 2017, the Department of Homeland Security (“DHS”) placed Mensah in removal proceedings, charging him as inadmissible rather than deportable. Specifically, DHS charged Mensah with inadmissibility under 8 U.S.C. § 1182(a)(2)(C) as an individual who an immigration officer knows or has reason to believe is or has been an illicit trafficker in any controlled substance; under § 1182(a)(2)(A)(i)(I) for having been convicted of a crime involving moral turpitude, or a conspiracy to commit such a crime; and under § 1182(a)(2)(A)(i)(II) for having been convicted of ...
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