Serfain Mendoza Lara v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION OCT 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERFAIN ALEJANDRO MENDOZA No. 10-73707
LARA,
Agency No. A079-376-389
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Serfain Alejandro Mendoza Lara, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s removal order. We have jurisdiction under 8
U.S.C. § 1252. We review for substantial evidence the agency’s findings of fact,
*
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).
Blanco v. Mukasey, 518 F.3d 714, 718 (9th Cir. 2008), and we deny the petition for
review.
Substantial evidence supports the BIA’s determination that Mendoza Lara
was inadmissible under 8 U.S.C. § 1182(a)(6)(C)(ii) because he made a false claim
to being a United States citizen in April 2005. See 8 U.S.C. § 1252(b)(4)(B);
Blanco, 518 F.3d at 720-21.
In light of this disposition, we need not reach Mendoza Lara’s contentions
concerning the January 2005 claim to citizenship nor his contention regarding res
judicata.
Contrary to Mendoza Lara’s contention, it was not necessary for the BIA to
address his challenge to the admissibility of the I-213 and G-166 where the BIA
relied on the “Record of Sworn Statement” dated April 4, 2005, to determine
Mendoza Lara was inadmissible.
PETITION FOR REVIEW DENIED.
2 10-73707