NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 20 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAFAEL MARTINEZ, No. 14-73637
Petitioner, Agency No. A091-607-548
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Rafael Martinez, 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. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We deny in part and
dismiss in part the petition for review.
The agency properly denied cancellation of removal, where Martinez failed
to establish that he was not convicted of an aggravated felony. See 8 U.S.C.
§ 1229b(a)(3); Pereida v. Wilkinson, 141 S.Ct. 754, 766 (2021) (an inconclusive
conviction record is insufficient to meet applicant’s burden of proof to show
eligibility for relief ). We lack jurisdiction to consider Martinez’s contention that
the record does not establish that he was convicted under California Health and
Safety Code Sections 11351 and 11352. See Barron v. Ashcroft, 358 F.3d 674,
677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to
the agency). Thus, Martinez’s cancellation of removal claim fails.
In light of this disposition, we need not reach Martinez’s contention that he
was lawfully admitted for permanent residence. See Simeonov v. Ashcroft, 371
F.3d 532, 538 (9th Cir. 2004) (the courts are not required to decide issues that are
unnecessary to the results).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 14-73637