Jose Sixto Rojas v. Merrick Garland

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 17, 2021
• Docket: 19-70510
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 17 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JOSE SIXTO ROJAS, AKA Ruben Tomas No. 19-70510 Gutierrez, Agency No. A208-121-558 Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Jose Sixto Rojas, 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 denying his application for cancellation of removal. We have

jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Jiang v.

* 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). Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

The agency properly denied cancellation of removal, where Sixto Rojas

failed to meet his burden of proof to establish that his conviction under California

Health & Safety Code section 11550(a) is not a controlled substance violation that

renders him ineligible for relief. See 8 U.S.C. § 1229b(b)(1)(C); Pereida v.

Wilkinson, 141 S. Ct. 754, 760 (2021) (applicant for removal relief bears the

burden of establishing eligibility for such relief, including that the applicant has not

been convicted of certain disqualifying offenses); Lopez v. Sessions, 901 F.3d

1071, 1075 (9th Cir. 2018) (Federal First Offender Act treatment “only applies to

first time drug offenders convicted of simple possession of a controlled

substance”).

The temporary stay of removal remains in place until issuance of the

mandate.

PETITION FOR REVIEW DENIED.

2 19-70510