NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 14 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO RODRIGUEZ-SOSA, No. 15-72687
Petitioner, Agency No. A076-374-216
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Sergio Rodriguez-Sosa, 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.
*
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 the petition for
review.
The agency did not err in concluding that Rodriguez-Sosa failed to establish
that his 2002 and 2004 drug offense convictions were not controlled substance
violations that render him ineligible for cancellation of removal. See 8 U.S.C. §§
1229b(b), 1182(a)(2)(A)(i)(II); 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). Thus, Rodriguez-Sosa’s cancellation of
removal claim fails.
We decline Rodriguez-Sosa’s request for remand to present further
evidence, particularly where he does not identify what evidence he intends to
submit on remand or explain how it would establish that his convictions were not
controlled substance violations that render him ineligible for cancellation of
removal. Cf. Pereida, 141 S.Ct. at 766.
Rodriguez-Sosa’s motion to file late petition for review (Docket Entry No.
2) is granted.
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 15-72687