JOSE A. GARCIA-LOPEZ, AKA Jose Alfredo Garcia v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE A. GARCIA-LOPEZ, AKA Jose
Alfredo Garcia,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 15-72727
Agency No. A092-537-978
MEMORANDUM*
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).
FILED
AUG 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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