Petition for review of the BIA's denial of petitioner's requests for cancellation of removal, adjustment of status and voluntary departure is granted in part where the government needed to put forth reliable evidence to show that the petitioner was convicted of a disqualifying controlled substance offense. However, the petition is denied in part where there was sufficient evidence to support the Immigration Judge's finding that petitioner had possessed a disqualifying controlled substance, and that precluded adjustment of status.
Argued and Submitted December 9, 2009
Filed January 28, 2010
Opinion by Judge Thompson
Sylvia Rivera, Los Angeles, CA
David Schor, Department of Justice, Washington, DC