Pablo Espinoza Cornelio v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PABLO ESPINOZA CORNELIO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 14-72258
Agency No. A092-203-262
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Pablo Espinoza Cornelio, 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).
FILED
AUG 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 14-72258
Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We deny the petition for
review.
The agency properly denied cancellation of removal, where Espinoza
Cornelio failed to meet his burden of proof to establish that his conviction under
California Health & Safety Code section 11360(a) does not constitute an
aggravated felony drug trafficking offense that renders him ineligible for
cancellation of removal. See 8 U.S.C. §§ 1101(a)(43)(B), 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).
The stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --