Enrique Ayala-Jimenez v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ENRIQUE AYALA-JIMENEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73988
Agency No. A075-703-411
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN and PAEZ, Circuit Judges.
Enrique Ayala-Jimenez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying his application for adjustment of status. We have
FILED
APR 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IH/Research 07-73988 2
jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo, Esquivel-Garcia v.
Holder, 593 F.3d 1025, 1028 (9th Cir. 2009), and we deny the petition for review.
It is undisputed that Ayala-Jimenez pleaded guilty to possession for sale of a
controlled substance under California law. Ayala-Jimenez’s testimony is sufficient
evidence to support the IJ’s finding that the controlled substance involved in
Ayala-Jimenez’s conviction was cocaine. See id. at 1030. As such the IJ did not
err in denying Ayala-Jimenez’s application for adjustment of status because he is
inadmissible, see 8 U.S.C. § 1182(a)(2)(A)(i), and ineligible for a waiver of
inadmissibility under 8 U.S.C. § 1182(h).
Ayala-Jimenez’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.

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