NOT FOR PUBLICATION FILED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