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.
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)).