Xochitl Fong De Barrera v. Eric Holder, Jr.

MEMORANDUM

Xóchitl Beatriz Fong de Barrera, 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 adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Carrillo de Palacios v. Holder, 708 F.3d 1066, 1069 (9th Cir.2013). We deny in part and dismiss in part the petition for review.

The BIA correctly determined that Fong de Barrera is not eligible to adjust her status because she is inadmissible under 8 U.S.C. § 1182 (a)(9)(C)(i)(II) and does not satisfy the requirements for the exception to inadmissibility in 8 U.S.C. § 1182 (a) (9) (C) (ii). See 8 U.S.C. § 1255 (a)(2), (i)(2)(A) (alien must be admissible to adjust status); Duran Gonzales v. DHS, 508 F.3d 1227, 1231, 1242 (9th Cir.2007). Fong de Barrera’s retroactivity contention fails where she filed her applications to adjust status and for a waiver of inadmissibility after the BIA issued Matter of Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006), and there is no significant factual basis to distinguish Fong de Barrera’s situation from the one…