Becker

MEMORANDUM *

Michael Herbert Becker, a native and citizen of Germany, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order of removal. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(C).

*636 The Department of Homeland Security (“DHS”) instituted removal proceedings against Becker on February 14, 2005, by filing with the Immigration Court a Notice to Appear (“NTA”) charging that he was removable as an alien convicted of a controlled substance offense, in violation of INA § 237(a)(2)(B)(P, 8 U.S.C. § 1227 (a)(2)(B)(I). Becker conceded he was removable as charged but requested cancellation of removal under INA § 240A(a), 8 U.S.C. § 1229b(a). On June 16, 2005, the Immigration Judge (“IJ”) found Becker removable as an alien convicted of a controlled substance offense, denied his application for relief, and ordered him removed to Germany. The BIA issued an opinion affirming the IJ’s decision on November 15, 2005.

The IJ did not err in shifting the burden of proof to Becker, pursuant to 8 C.F.R. § 1240.8 (d), requiring him to prove that his 1978 Arizona conviction for possession of marijuana for sale was not a drug-related felony. There was…