NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
GERARDO LOPEZ, No. 11-70604
Petitioner, Agency No. A089-394-883
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 7, 2014**
Pasadena, California
Before: TALLMAN, BEA, and FRIEDLAND, Circuit Judges.
Petitioner Gerardo Lopez petitions this Court for review of his final order of
removal. We exercise jurisdiction under 8 U.S.C. § 1252(a)(2)(D) and deny the
petition.
*
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).
Lopez claims that the proceedings underlying his final order of removal
were conducted in violation of his due-process rights. First, he claims that the
immigration judge improperly admitted untimely submitted evidence of his prior
conviction. Second, he claims that the immigration judge improperly issued her
opinion without waiting for a scheduled hearing on the admissibility of Lopez’s
conviction records.
Even if Lopez’s due-process claims had merit, he fails to show prejudice.
See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000). The minute order of his
prior guilty plea and conviction coupled with the criminal complaint irrefutably
establish that Lopez was convicted of a drug-related offense. And Lopez does not
contest the conviction or whether the conviction is for a drug-related offense under
8 U.S.C. § 1182(a)(2)(A)(i)(II). He is thus ineligible for relief from deportation.
See 8 U.S.C. § 1255(i)(2)(A) (providing that the Attorney General may adjust the
status of an alien only when he is admissible).
DENIED.
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