Viray v. Holder , 444 F. App'x 996 ( 2011 )

FILED
NOT FOR PUBLICATION JUL 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BENIGNO LACAP VIRAY, No. 07-74970
Petitioner, Agency No. A034-724-644
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Benigno Lacap Viray, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th
Cir. 2008), and we deny the petition for review.
The agency properly concluded that Viray was an alien seeking admission
where he had not been “lawfully admitted for permanent residence.” See 8 U.S.C.
§ 1101(a)(13)(C); Segura v. Holder, 605 F.3d 1063, 1067 (9th Cir. 2010) (an alien
erroneously admitted for permanent residence has not been “lawfully admitted for
permanent residence”); see also Kyong Ho Shin v. Holder, 607 F.3d 1213, 1217-18
(9th Cir. 2010) (“[T]he issue of whether [a lawful permanent resident] retains her
status until the conclusion of removal proceedings is distinct from whether she was
‘lawfully admitted’ in the first place . . . .”).
PETITION FOR REVIEW DENIED.
2 07-74970