Martha Lopez Lopez v. Jefferson Sessions , 694 F. App'x 525 ( 2017 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                        JUL 19 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MARTHA LOPEZ LOPEZ,                             No.    13-70931
    Petitioner,                     Agency No. A070-209-566
    v.
    MEMORANDUM*
    JEFFERSON B. SESSIONS III, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted July 11, 2017**
    Before:      CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
    Martha Lopez Lopez, a native and citizen of Mexico, petitions for review of
    the Board of Immigration Appeals’ order dismissing her appeal from an
    immigration judge’s decision finding her removable. We have jurisdiction under
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    8 U.S.C. § 1252. We review de novo questions of law and constitutional claims.
    Martinez-Medina v. Holder, 
    673 F.3d 1029
    , 1033 (9th Cir. 2011). We deny the
    petition for review.
    The agency did not err or violate due process in finding Lopez Lopez
    removable as charged, because Samayoa-Martinez v. Holder forecloses her
    contention that her statements to immigration officials at the border were
    unconstitutionally obtained in violation of 8 C.F.R. § 287.3(c). 
    558 F.3d 897
    , 901-
    02 (9th Cir. 2009); see Lata v. INS, 
    204 F.3d 1241
    , 1246 (9th Cir. 2000) (an alien
    must show error and substantial prejudice to prevail on a due process claim).
    PETITION FOR REVIEW DENIED.
    2                                   13-70931
    

Document Info

Docket Number: 13-70931

Citation Numbers: 694 F. App'x 525

Judges: Canby, Kozinski, Hawkins

Filed Date: 7/19/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024