U.S. Court of Appeals for the Ninth Circuit, 2011

Viray v. Holder

Viray v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 25, 2011 · Schroeder, Alarcón, Leavy
444 F. App'x 996

Viray v. Holder

Opinion

MEMORANDUM **

Benigno Lacap Viray, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), and we deny the petition for review.

The agency properly concluded that Vi-ray was an alien seeking admission where he had not been “lawfully admitted for permanent residence.” See 8 U.S.C. § 1101(a)(13)(C); Segura v. Holder, 605 F.3d 1063, 1067 (9th Cir. 2010) (an alien erroneously admitted for permanent residence has not been “lawfully admitted for permanent residence”); see also Kyong Ho Shin v. Holder, 607 F.3d 1213, 1217-18 (9th Cir. 2010) (“[T]he issue of whether [a lawful permanent resident] retains her status until the conclusion of removal proceedings is distinct from whether she was ‘lawfully admitted’ in the first place.... ”).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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