Pierre Genevier v. Commissioner of Social Securit

FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PIERRE GENEVIER, No. 09-57040
Plaintiff - Appellant, D.C. No. 2:08-cv-05681-AG-PLA
v.
MEMORANDUM *
COMMISSIONER OF SOCIAL
SECURITY,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Pierre Genevier appeals pro se from the district court’s summary judgment
in his action against the Commissioner of Social Security alleging improper denial
of his application for Supplemental Security Income (“SSI”). We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 1291. We review de novo the district court’s order affirming the
Commissioner’s decision. Ukolov v. Barnhart, 420 F.3d 1002, 1004 (9th Cir.
2005). We affirm.
The district court properly granted summary judgment because substantial
evidence supported the Commissioner’s determination that Genevier did not
establish that he was a “qualified alien” eligible to receive SSI. 8 U.S.C.
§§ 1611(a), 1641(b) (an alien who is not a “qualified alien” is generally not eligible
for any federal public benefit); see also 20 C.F.R. § 416.1618(a), (d) (an alien may
be eligible for SSI benefits if permanently residing in the United States with the
knowledge and permission of the Immigration and Naturalization Service, which
the Commissioner must verify).
Genevier’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-57040