Rosario Simon v. Eric Holder, Jr.

Good Law
539 F. App'x 717
United States Court of Appeals for the Ninth CircuitAugust 20, 201310-73461California142 words

Opinion

MEMORANDUM

Rosario Simon, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We dismiss the petition for review.

The BIA denied cancellation on two alternative grounds. The first is a discretionary conclusion that Petitioner failed to demonstrate good moral character on account of a fraudulent marriage, entered into so as to procure immigration benefits for Petitioner’s daughter. We lack jurisdiction to review that determination. See Lopez-Castellanos v. Gonzales, 437 F.3d 848, 854 (9th Cir.2006). We therefore need not reach the second ground, in which the BIA found her statutorily barred from establishing good moral character.

PETITION FOR REVIEW DISMISSED.

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