Maria Mendoza v. Eric Holder, Jr. , 424 F. App'x 652 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 25 2011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
MARIA LOURDES MENDOZA, a.k.a. No. 09-70606
Maria Lourdes Mendoza Padilla;
RAPHAELLA MENDOZA, Agency Nos. A096-581-106
A096-581-107
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Maria Lourdes Mendoza and Raphaella Mendoza, natives and citizens of the
Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”)
order dismissing their appeal from an immigration judge’s removal order. We
*
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).
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s finding of fact, and review de novo questions of law. Vasquez v. Holder,
602 F.3d 1003, 1009 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s finding that Maria Lourdes
Mendoza willfully misrepresented a material fact in order to obtain permanent
residence based on marriage to a United States citizen, and is therefore removable
under 8 U.S.C. § 1227(a)(1)(A); Forbes v. INS, 48 F.3d 439, 441-42 (9th Cir.
1995).
Petitioners’ contention that the agency ignored the evidence in Maria
Lourdes Mendoza’s application for cancellation of removal as a battered spouse
under 8 U.S.C. § 1229b(b)(2) is not supported by the record.
Petitioners’ remaining contention is unavailing.
PETITION FOR REVIEW DENIED.
2 09-70606