NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 27 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HECTOR ACOSTA-OCHOA, No. 14-72843 Petitioner, Agency No. A095-795-786 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2021** Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges. Hector Acosta-Ochoa, a native and citizen of Mexico, petitions pro se 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 * 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). questions of law 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 Acosta-Ochoa 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, 758, 766 (2021) (an inconclusive conviction record is insufficient to meet applicant’s burden of proof to show eligibility for relief). The agency did not err or violate due process by relying on uncertified conviction documents. See 8 C.F.R. § 1003.41(d); see also 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 14-72843 14-72843 Court of Appeals for the Ninth Circuit ca9 9th Cir. Hector Acosta-Ochoa v. Merrick Garland 27 July 2021 Agency Unpublished 227dbefbf34d861f69ac13263ded83b16c37454a
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