Mondragon v. Holder , 362 F. App'x 774 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TERESA LARA MONDRAGON, No. 06-72853
Petitioner, Agency No. A076-714-167
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Teresa Lara Mondragon, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
RB/Research
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
Substantial evidence supports the agency’s determination that Mondragon is
inadmissible, and therefore ineligible for adjustment of status, where the record
evidence indicates she made a false claim to United States citizenship to gain entry
to the United States in 1997. See Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir.
2000) (false claim to United States citizenship is a “non-waivable ground for
inadmissibility” under 8 U.S.C. § 1182(a)(6)(C)(ii)).
We lack jurisdiction to review Mondragon’s challenge to her 1997 expedited
removal order. See 8 U.S.C. § 1252(a)(2)(A); Avendano-Ramirez v. Ashcroft, 365
F.3d 813, 818-19 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
RB/Research 2 06-72853