FILED
NOT FOR PUBLICATION APR 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ENRIQUE AYALA-JIMENEZ, No. 07-73988
Petitioner, Agency No. A075-703-411
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Before: RYMER, McKEOWN and PAEZ, Circuit Judges.
Enrique Ayala-Jimenez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying his application for adjustment of status. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo, Esquivel-Garcia v.
Holder, 593 F.3d 1025, 1028 (9th Cir. 2009), and we deny the petition for review.
It is undisputed that Ayala-Jimenez pleaded guilty to possession for sale of a
controlled substance under California law. Ayala-Jimenez’s testimony is sufficient
evidence to support the IJ’s finding that the controlled substance involved in
Ayala-Jimenez’s conviction was cocaine. See id. at 1030. As such the IJ did not
err in denying Ayala-Jimenez’s application for adjustment of status because he is
inadmissible, see 8 U.S.C. § 1182(a)(2)(A)(i), and ineligible for a waiver of
inadmissibility under 8 U.S.C. § 1182(h).
Ayala-Jimenez’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.
IH/Research 2 07-73988