NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 24 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE A. GARCIA-LOPEZ, AKA Jose No. 15-72727 Alfredo Garcia, Agency No. A092-537-978 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2021** Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges. Jose A. Garcia-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law * 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). and claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review. The BIA properly denied cancellation of removal where Garcia-Lopez failed to meet his burden of proof to establish he was not convicted of a controlled substance offense. See 8 U.S.C. §§ 1182(a)(2)(A)(i)(II), 1229b(b)(1)(C); Pereida v. Wilkinson, 141 S. Ct. 754, 763 (2021) (an inconclusive conviction record is insufficient to meet applicant’s burden of proof to show eligibility for relief); United States v. Barragan, 871 F.3d 689, 714-15 (9th Cir. 2017) (California Health & Safety Code § 11379(a) is divisible as to the controlled substance element). Garcia-Lopez’s contention that the agency violated his right to due process fails. Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 15-72727 15-72727 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Garcia-Lopez v. Merrick Garland 24 August 2021 Agency Unpublished b3f58a852099fe5fec87647ae6835ed33edcd95f
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