NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 17 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE SIXTO ROJAS, AKA Ruben Tomas No. 19-70510
Gutierrez,
Agency No. A208-121-558
Petitioner,
v. MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Jose Sixto Rojas, 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. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Jiang v.
*
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).
Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.
The agency properly denied cancellation of removal, where Sixto Rojas
failed to meet his burden of proof to establish that his conviction under California
Health & Safety Code section 11550(a) is not a controlled substance violation that
renders him ineligible for relief. See 8 U.S.C. § 1229b(b)(1)(C); Pereida v.
Wilkinson, 141 S. Ct. 754, 760 (2021) (applicant for removal relief bears the
burden of establishing eligibility for such relief, including that the applicant has not
been convicted of certain disqualifying offenses); Lopez v. Sessions, 901 F.3d
1071, 1075 (9th Cir. 2018) (Federal First Offender Act treatment “only applies to
first time drug offenders convicted of simple possession of a controlled
substance”).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 19-70510