Opinion
No. 08-72439.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
November 14, 2008.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A200-098-483.
Before: TROTT, GOULD and TALLMAN, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
This is a petition for review of the Board of Immigration Appeals' ("BIA") order dismissing petitioner Pedro Avila Torres' appeal of the Immigration Judge's order pretermitting his application for cancellation of removal pursuant to 8 U.S.C. § 1229b(a).
The Immigration Judge found petitioner ineligible for cancellation of removal based on his 1996 conviction for a controlled substance offence. Petitioner is statutorily ineligible for cancellation of removal based on this conviction, which he admits was for transportation and sale of cocaine. See 8 U.S.C. § 1182(a)(2). The BIA's finding that the Immigration Judge did not err in finding that petitioner was ineligible for relief as a result of this conviction is supported by substantial evidence.
Accordingly, respondent's unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). This petition for review is denied.
All other pending motions are denied as moot. The temporary stay of removal shall continue in effect until issuance of the mandate.
PETITION FOR REVIEW DENIED.