FILED
NOT FOR PUBLICATION MAY 24 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS ALFREDO SILVA, No. 08-74138
Petitioner, Agency No. A090-145-172
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 8, 2013**
Pasadena, California
Before: NOONAN, WARDLAW, and MURGUIA, Circuit Judges.
Carlos Alfredo Silva petitions for review of the BIA’s decision affirming the
IJ’s determination that he was removable and not eligible for cancellation of
removal.
*
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).
Silva argues that the Government failed to prove removability based on his
marijuana conviction. Even if he is correct, the BIA also found him removable
based on his cocaine conviction. Silva does not challenge this second ground and
is, therefore, removable. See Haile v. Holder, 658 F.3d 1122, 1130 (9th Cir. 2011)
(denying petition when alien failed to address BIA’s alternative grounds for its
decision).
Even if Silva’s argument that he is entitled to cancellation of removal is not
waived, Silva is unable to meet his burden of demonstrating that he is eligible,
because, even if he is correct that his criminal record check was inconclusive, “an
inconclusive record of conviction does not demonstrate eligibility for cancellation
of removal,” and “is insufficient to satisfy the alien's burden of proof.” Young v.
Holder, 697 F.3d 976, 989 (2012) (en banc).
PETITION DENIED.
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