Victor Sanchez-Narabe v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 24 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR H. SANCHEZ-NARABE, AKA No. 15-72702 Victor Lopez, AKA Victor Hiroshim Sanchez, AKA Victor Hiroshima Sanchez, Agency No. A072-245-554 AKA Victor Narabe Sanchez, AKA Victor Hiroshima Sanchez Narabe, MEMORANDUM* Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges. Victor Sanchez-Narabe, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an * 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). immigration judge’s decision denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008). We deny the petition for review. The agency did not err in denying cancellation of removal, asylum, and withholding of removal, where Sanchez-Narabe failed to meet his burden of proof to establish that his conviction under California Health & Safety Code (“CHSC”) section 11379(a) is not a controlled substance violation constituting an aggravated felony or particularly serious crime that renders him ineligible for these forms of relief. See 8 U.S.C. §§ 1229b(a)(3), 1158(b)(2)(A)(ii), (B)(i), 1231(b)(3)(B)(ii); Pereida v. Wilkinson, 141 S. Ct. 754, 766 (2021) (an applicant for relief from removal cannot establish eligibility where a conviction record is inconclusive as to which elements of a divisible statute formed the offense); Marinelarena v. Garland, 6 F.4th 975, 977 (9th Cir. 2021) (an applicant for cancellation of removal bears the burden of showing that a conviction is not disqualifying); United States v. Barragan, 871 F.3d 689, 715 (9th Cir. 2017) (CHSC § 11379 is divisible); Matter of Y-L-, 23 I. & N. Dec. 270, 274 (A.G. 2002), disapproved of on other grounds in Zheng v. Ashcroft, 332 F.3d 1186, 1196 (9th Cir. 2003) (aggravated felonies involving trafficking in controlled substances are presumptively particularly 2 15-72702 serious crimes). PETITION FOR REVIEW DENIED. 3 15-72702 15-72702 Court of Appeals for the Ninth Circuit ca9 9th Cir. Victor Sanchez-Narabe v. Merrick Garland 24 August 2022 Agency Unpublished 584c366b3f4d8981467d3b9a46dbbf3a4965fa78

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals