Mario Ortega v. Michael Mukasey

MEMORANDUM

Mario Ortega petitions for review of the Board of Immigration Appeals’ (BIA) final order finding Ortega ineligible for cancellation of removal under § 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a), as an alien convicted of an aggravated felony, specifically his 1992 conviction for possession of cocaine base for sale in violation of California Health and Safety Code § 11351.5. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Ortega’s petition for review.

Ortega first argues that the BIA erred in relying on the document entitled, “Disposition of Arrest and Court Action,” to establish that Ortega was convicted of pos- • session of cocaine base for sale. In relying on the Disposition of Arrest and Court Action, the BIA cited to 8 C.F.R. § 1003.41 (d), which provides that in a proceeding before an immigration judge, “[a]ny other evidence that reasonably indicates the existence of a criminal conviction may be admissible as evidence thereof.” The Disposition of Arrest and Court…