Cristian Duran-Castro v. Loretta Lynch

U.S. Court of Appeals for the Ninth Circuit
Cristian Duran-Castro v. Loretta Lynch, 669 F. App'x 383 (9th Cir. 2016)
Hawkins, Smith, Hurwitz

Cristian Duran-Castro v. Loretta Lynch

Opinion

MEMORANDUM **

Cristian Andres Duran-Castro, a native and citizen of Mexico, petitions for review *384 of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision finding him statutorily ineligible for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s determination that a petitioner knowingly engaged in drug trafficking. Chavez-Reyes v. Holder, 741 F.3d 1, 3 (9th Cir. 2014). We deny the petition for review.

The record of conviction regarding Duran-Castro’s Arizona conviction for solicitation to commit sale or transportation of narcotic drugs for sale provided the BIA substantial evidence that there was “reason to believe” Duran-Castro had been knowingly involved in drug trafficking. See 8 U.S.C. § 1182(a)(2)(C)(i) (providing that an alien is inadmissible if there is “reason to believe” that he is or has been an “illicit trafficker in any controlled substance”); Chavez-Reyes, 741 F.3d at 3 (circumstantial evidence, coupled with the petitioner’s guilty plea, supported the BIA’s “reason to believe” finding). The agency therefore properly determined Duran-Castro was statutorily ineligible for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(C). His contention that there are inconsistencies in the record of conviction is not supported by the record.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provid *384 ed by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Cristian Andres DURAN-CASTRO, AKA Christian Andres, AKA Christian Andres Duran, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished