Rosario Simon v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION AUG 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSARIO SIMON, a.k.a. Rosario Angela No. 10-73461
Plurad,
Agency No. A096-388-291
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2013 **
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Rosario Simon, a native and citizen of the Philippines, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for cancellation of removal.
We dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The BIA denied cancellation on two alternative grounds. The first is a
discretionary conclusion that Petitioner failed to demonstrate good moral character
on account of a fraudulent marriage, entered into so as to procure immigration
benefits for Petitioner’s daughter. We lack jurisdiction to review that
determination. See Lopez-Castellanos v. Gonzales, 437 F.3d 848, 854 (9th Cir.
2006). We therefore need not reach the second ground, in which the BIA found
her statutorily barred from establishing good moral character.
PETITION FOR REVIEW DISMISSED.
2 10-73461