MANUEL VERA RIZO, AKA Manuel Vera Jr. Rizo, AKA Manuel Rizo, Jr., AKA Manuel Rizo Vera v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL VERA RIZO, AKA Manuel Vera
Jr. Rizo, AKA Manuel Rizo, Jr., AKA
Manuel Rizo Vera,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73767
Agency No. A077-126-866
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Manuel Vera Rizo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision finding him removable and denying relief. We have
* 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).
FILED
AUG 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 8 U.S.C. § 1252. We review de novo constitutional claims and
questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005).
We deny the petition for review.
The agency did not err or violate due process in finding the Department of
Homeland Security (“DHS”) met its burden of proving by clear and convincing
evidence that Vera Rizo had been convicted of robbery under California Penal
Code § 211, where DHS provided a certified electronic docket sheet reflecting
Vera Rizo’s no contest plea to that charge. See 8 U.S.C. § 1229a(c)(3)(B)(iii) (a
docket entry from court records that indicates the existence of the conviction
constitutes proof of a criminal conviction); Lata v. INS, 204 F.3d 1241, 1246 (9th
Cir. 2000) (requiring error and substantial prejudice to prevail on a due process
claim). The record does not support Vera Rizo’s contentions that the electronic
docket sheet was mis-numbered, improperly certified, incomplete, or that it was
otherwise insufficient to establish the existence of the conviction.
PETITION FOR REVIEW DENIED.

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