ESPINOZA CORNELIO v. GARLAND (2021)

MEMORANDUM **

Pablo Espinoza Cornelio, 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. Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We deny the petition for review.

The agency properly denied cancellation of removal, where Espinoza Cornelio failed to meet his burden of proof to establish that his conviction under California Health & Safety Code section 11360(a) does not constitute an aggravated felony drug trafficking offense that renders him ineligible for cancellation of removal. See 8 U.S.C. §§ 1101(a)(43)(B), 1229b(a)(3); Pereida v. Wilkinson, ––– U.S. ––––, 141 S. Ct. 754, 766, 209 L.Ed.2d 47 (2021) (an inconclusive conviction record is insufficient to meet applicant's burden of proof to show eligibility for relief).

The stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.