NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 18-1326 ________________ MARIUSZ DANIEL MARCINKOWSKI, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A029-046-323) Immigration Judge: Kuyomars Q. Golparvar ________________ Submitted under Third Circuit LAR 34.1(a) on January 24, 2019 Before: JORDAN, KRAUSE and ROTH, Circuit Judges (Opinion filed: September 12, 2019) ________________ OPINION* ________________ PER CURIAM This case requires us to decide whether we have jurisdiction to review the Board of Immigration Appeals’ (BIA) determination that Petitioner Mariusz Daniel Marcinkowski was convicted of a particular controlled substance offense under state law. However, because courts of appeals do not have jurisdiction to review final orders of removal against aliens who have been convicted of controlled substance offenses,1 our review is limited to confirming that the crime of conviction was indeed a controlled substance offense. We conclude here that Marcinkowski’s crime of conviction was such an offense. We will therefore deny his petition for lack of jurisdiction. I Marcinkowski is a citizen of Poland and a lawful permanent resident of the United States. In December 2005, he was charged in Bucks County Criminal Court with three counts: Count One, possession of a controlled substance (cocaine) with intent to deliver and/or manufacture in violation of 35 Pa. Stat. § 780-113(a)(30); Count Two, possession of a controlled substance (cocaine) in violation of 35 Pa. Stat. § 780-113(a)(16); and Count Three, use or possession of drug paraphernalia in violation of 35 Pa. Stat. § 780- 113(a)(32). * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 8 U.S.C. § 1252(a)(2)(C). 2 Marcinkowski does not contest that in January 2006 he was convicted of one of those three counts, but he argues that the record does not reveal which one. The documents related to his criminal record include an Information, a “Leave to Submit” form, and two “Criminal Court Sheets.” The Information lists the three counts, and the Leave to Submit indicates that he pleaded guilty on January 31, 2006. The first Criminal Court Sheet states that sentencing was deferred in order to allow Marcinkowski to bring in witnesses. The second Criminal Court Sheet is dated March 17, 2006, and shows that Marcinkowski was sentenced to prison for at least one year but not more than two years. A handwritten notation appears just above the sentence, indicating “CT #1.”2 At the bottom of the page, another handwritten notation reads “NFP remaining counts.”3 The Department of Homeland Security (DHS) opened immigration proceedings in March 2017 and charged Marcinkowski as removable under section 237(a)(2)(A)(iii) and (B)(i) of the Immigration and Nationality Act (INA),4 which provide for the removal of an alien who is convicted of an aggravated felony or a crime relating to a controlled substance. Marcinkowski moved to terminate his immigration proceedings on the ground that he was not convicted of a removable crime. ...
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