Rohde Cade v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROHDE ENRIQUETA CADE, No. 09-70636
Petitioner, Agency No. A076-629-486
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Rohde Enriqueta Cade, a native and citizen of Mexico, 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 have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir. 2011), and we deny
the petition for review.
The BIA properly concluded that Cade was ineligible for cancellation of
removal because she lacked seven years of continuous residence in the United
States after being “admitted in any status.” See 8 U.S.C. § 1229b(a)(2); Vasquez
de Alcantar, 645 F.3d at 1103 (petitioner was not admitted in any status until her
status was adjusted); see also Guevara v. Holder, 649 F.3d 1086, 1094 (9th Cir.
2011) (a grant of work authorization does not confer admission).
Cade’s remaining contention regarding an alleged processing delay is
unavailing.
PETITION FOR REVIEW DENIED.
2 09-70636