Alberto Burrola-Moreno v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERTO BURROLA-MORENO, No. 09-72629
Petitioner, Agency No. A036-891-532
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Alberto Burrola-Moreno, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for substantial evidence the agency’s determination that there
*
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).
is reason to believe an alien is or has been an illicit trafficker in any controlled
substance. Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). We
dismiss the petition for review.
Substantial evidence supports the agency’s determination that Burrola-
Moreno is or has been an illicit trafficker in a controlled substance. See id. at 1120(“While a generous fact-finder might have believed [petitioner’s] version of the
facts, both the BIA and IJ were clearly within reason on these facts and
circumstances to conclude otherwise.”). Accordingly, Burrola-Moreno is
inadmissible under 8 U.S.C. § 1182(a)(2)(C)(i). We therefore dismiss the petition
for review. See 8 U.S.C. § 1252(a)(2)(C); Lopez-Molina v. Ashcroft, 368 F.3d
1206, 1209-1211 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.
2 09-72629