Gonzalez-Rios

Gonzalez-Rios v. Holder

Good Law
361 F. App'x 833
United States Court of Appeals for the Ninth CircuitJanuary 7, 201005-76935California301 words

Opinion

Opinion

MEMORANDUM

Rafaela Gonzalez-Rios is a native and citizen of Mexico who petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying her application for a waiver of her deportability as an aggravated felon. See INS v. St. Cyr, 533 U.S. 289, 295 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001) (citing the former 8 U.S.C. § 1182 (c)). The record reflects she was never granted lawful permanent resident (“LPR”) status, but she contends the government should be estopped from denying that she has LPR status for purposes of determining eligibility for the waiver. We have jurisdiction to review the estoppel issues. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (holding REAL ID Act restored jurisdiction over mixed questions of law and fact).

. On the merits, however, Gonzalez-Rios’ estoppel arguments fail. She was aware at all times that the government had never granted her applications for adjustment of status and that she had failed to post the bond the government requested in 1989 in order to process her application; traditional equitable estoppel requirements are therefore not met. See Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1165-67 (9th Cir. 2005). She…

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