Martinez-Lopez v. Holder

FILED
NOT FOR PUBLICATION APR 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSA MARTINEZ-LOPEZ, No. 06-74397
Petitioner, Agency No. A072-231-236
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Rosa Martinez-Lopez, 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 Martinez-Lopez 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 (filing an application for adjustment of
status does not confer admission); see also Guevara v. Holder, 649 F.3d 1086,
1094 (9th Cir. 2011) (a grant of work authorization does not confer admission).
PETITION FOR REVIEW DENIED.
2 06-74397