U.S. Court of Appeals for the Ninth Circuit, 2017

Maria Duran Martinez v. Jefferson Sessions

Maria Duran Martinez v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2017 · Leavy, Fletcher, Owens
682 F. App'x 563

Maria Duran Martinez v. Jefferson Sessions

Opinion

MEMORANDUM **

Maria Alicia Juana Duran Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and for substantial evidence factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The agency correctly concluded that Duran Martinez was statutorily ineligible for adjustment of status under 8 U.S.C. § 1255(i) because she is inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I), where substantial evidence supports the agency’s determination that she reentered the United States without being admitted, after previously accruing more than one year of unlawful presence. See Garfias-Rodriguez v. Holder, 702 F.Sd 504, 513-14 (9th Cir. 2012) (en banc). Contrary to Duran Martinez’s contention, the agency did not rely on her witness’s testimony in making that determination.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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