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Zendejas v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 245 (9th Cir. 2010)

Opinion

No. 08-73400.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Carlos Ramirez, Esquire, Law Office of Noemi G. Ramirez, Los Angeles, CA, for Petitioner.

Anthony Paul Nicastro, Esquire, Trial, OIL, Vanessa Lefort, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A095-447-695.

Before: O'SCANNLAIN, LEAVY, 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.

Maria De Los Angeles Zendejas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") decision denying her application for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, and for substantial evidence the agency's findings of fact. Blanco v. Mukasey, 518 F.3d 714, 718 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

Contrary to Zendejas' assertion, the IJ did not violate due process by admitting the documents presented by the Department of Homeland Security to show Zendejas had made a false claim to United States citizenship on June 23, 1999, because the documents were probative and their admission was fundamentally fair. See Espinoza v. INS, 45 F.3d 308, 310 (9th Cir. 1995).

Substantial evidence supports the agency's determination that Zendejas is inadmissible, and therefore ineligible for adjustment of status, where the record indicates she made a false claim to United States citizenship to gain entry to the United States in 1999. See Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir. 2000) (false claim to United States citizenship is a "non-waivable ground of inadmissibility" under 8 U.S.C. § 1182(a)(6)(C)(ii)).

We lack jurisdiction to review Zendejas' challenge to her 1999 expedited removal order. See 8 U.S.C. § 1252(a)(2)(A); Avendano-Ramirez v. Askcroft, 365 F.3d 813, 818-19 (9th Cir. 2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Zendejas v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 245 (9th Cir. 2010)
Case details for

Zendejas v. Holder

Case Details

Full title:Maria De Los Angeles ZENDEJAS, Petitioner, v. Eric H. HOLDER, Jr.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2010

Citations

402 F. App'x 245 (9th Cir. 2010)