Sarai Padilla-Varela v. Eric Holder, Jr. , 456 F. App'x 402 ( 2011 )

Case: 11-60020 Document: 00511710487 Page: 1 Date Filed: 12/30/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 30, 2011
No. 11-60020
Summary Calendar Lyle W. Cayce
Clerk
SARAI PADILLA-VARELA,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A078-313-152
Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM:*
Sarai Padilla-Varela petitions for review of an order of the Board of
Immigration Appeals (BIA). The BIA determined that Padilla-Varela was
removable from the United States because she was an alien who had committed
an aggravated felony. Padilla-Varela maintains that she is entitled to equitable
estoppel of removal because delay by and actions of immigration authorities in
processing her application for adjustment of status prevented her from obtaining
automatic citizenship by operation of 8 U.S.C. § 1431 (2000).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-60020 Document: 00511710487 Page: 2 Date Filed: 12/30/2011
No. 11-60020
We lack jurisdiction to review the BIA’s determination that an alien is
deportable because she has committed an aggravated felony. See 8 U.S.C.
§ 1252(a)(2)(C). Padilla-Varela does not dispute the BIA’s determination that
she committed an aggravated felony. We review her equitable estoppel claim
attacking the BIA’s finding that she is an alien de novo and conclude that it
fails. See Robertson-Dewar v. Holder, 646 F.3d 226, 229-30 (5th Cir. 2011).
Consequently, Padilla-Varela’s petition for review is DISMISSED for want of
jurisdiction in part and DENIED in part.
2