Jesus Paez-Carrasco v. Eric Holder, Jr. , 544 F. App'x 789 ( 2013 )

FILED
NOT FOR PUBLICATION NOV 15 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS CHRISTIAN PAEZ-CARRASCO, No. 09-70665
AKA Jesus Christian Paez,
Agency No. A074-183-535
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 7, 2013**
San Francisco, California
Before: REINHARDT and WATFORD, Circuit Judges, and LYNN, District
Judge.***
*
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).
***
The Honorable Barbara M. G. Lynn, District Judge for the U.S.
District Court for the Northern District of Texas, sitting by designation.
Jesus Christian Paez-Carrasco seeks review of the Immigration Judge’s
October 22, 2008, decision pretermitting Paez’s application for cancellation of
removal and ordering him removed from the United States. Paez sought to have
his U.S. citizen step-father’s residence imputed to him for the purpose of
establishing continuous residence to obtain cancellation of removal. However, he
now concedes that Holder v. Martinez Gutierrez, 132 S.Ct. 2011 (2012), decided
after the BIA’s decision, bars him from establishing his period of residence
through a parent.
Paez also argues that the government has not met its burden of proving that
he is removable. The evidence reveals, however, that Paez was convicted of
several California controlled substances violations involving methamphetamine,
which renders Paez removable as an alien convicted of violating a state law
relating to a controlled substance. 8 U.S.C. § 1227(a)(2)(B)(i).
Accordingly, the petition is DENIED.