Castanon-Grijalva v. Ashcroft
Opinion of the Court
MEMORANDUM
Jesus Castanon-Grijalva, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals (“BIA”) decision denying his motions to stay removal and remand for consideration of new facts, and dismissing his appeal from the decision of an immigration judge (“IJ”) denying adjustment of status and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.
We need not reach Castanon-Grijalva’s challenge to the IJ’s finding of removability under 8 U.S.C. § 1182(a)(9)(A)(ii). Castanon-Grijalva has never challenged the two additional grounds on which the IJ ordered him removed, 8 U.S.C. § 1182(a)(6)(C)(i) (seeking to procure admission or obtain a benefit under the Immigration and Nationality Act by fraud or willful misrepresentation of a material fact) and 8 U.S.C. § 1182(a)(7)(A)(i)(I) (failure to possess valid travel documentation at the time of application for admission). As a result, even if Castanon-Grijalva is not removable under 8 U.S.C. § 1182(a)(9)(A)(ii), he is still removable on the two alternative grounds reached by the IJ.
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Jesus CASTANON-GRIJALVA, a.k.a. Juan Vera-Solis v. John ASHCROFT, Attorney General
- Status
- Published