Marcelo Luna-Mastache v. Eric Holder, Jr.

MEMORANDUM

Marcelo Luna-Mastache, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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, Gutierrez v. Holder, 662 F.3d 1083, 1086 (9th Cir.2011), and we deny the petition for review.

Luna-Mastache contends that the government’s evidence of his alienage should not have been admitted at his removal hearing because it was protected by the confidentiality provision set forth at 8 U.S.C. § 1255a(c)(5)(A)(i). Contrary to his contention, the BIA correctly concluded that the evidence was not protected because it was drawn from Luna-Mastache’s employment verification documents, and was not “information furnished by” Luna-Mastache in his legalization application. 8 U.S.C. § 1255a(c)(5)(A)(i); see also id. § 1101(a)(3) (“The term ‘alien’ means any person not a citizen or national of the United States.”).

Luna-Mastache’s contention that 8 U.S.C. § 1252 (a)(2)(B) violates due process and separation of powers by impinging on his fundamental right to family unity is foreclosed by De Mercado v.…