FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CLEMENTE MARTINEZ HERNANDEZ, No. 10-70479
Petitioner, Agency No. A088-457-560
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, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Clemente Martinez Hernandez, a native and citizen of Mexico, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s (“IJ”) removal order. We have jurisdiction under
8 U.S.C. § 1252. We review de novo constitutional claims and questions of law,
*
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).
and review for substantial evidence the agency’s factual findings. Khan v. Holder,
584 F.3d 773, 776 (9th Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s determination that Martinez
Hernandez was convicted on March 23, 1999, of possession of cocaine in violation
of California Health & Safety Code § 11350(a). Accordingly, Martinez Hernandez
is ineligible for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(C).
Martinez Hernandez’s contention that the IJ violated his right to due process
by exhibiting bias and by not affording him an opportunity to present evidence in
his favor is not supported by the record. Cf. Colmenar v. INS, 210 F.3d 967, 971
(9th Cir. 2000).
Insofar as Martinez Hernandez contends that the IJ erred by relying on an
inconclusive record, his contention is unavailing as Martinez Hernandez bore the
burden of proof to show eligibility for cancellation of removal. See 8 C.F.R.
§ 1240.8(d) (where evidence indicates that one of the mandatory grounds for denial
of an application for relief may apply, alien bears burden to show eligibility for the
requested relief).
PETITION FOR REVIEW DENIED.
2 10-70479