Marisela Orozco De Munoz v. Eric Holder, Jr.

Good Law
489 F. App'x 197
United States Court of Appeals for the Ninth CircuitDecember 21, 201209-72845California314 words

Opinion

Opinion

MEMORANDUM

Marisela Orozco de Munoz, 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 removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations and questions of law. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency correctly concluded that Or-zoco de Munoz is ineligible to adjust status because she is inadmissible under 8 U.S.C. § 1182 (a)(9)(C)(i)(I) for having accrued more than one year of unlawful presence in the United States and then reentering without admission. See Garfias-Rodriguez v. Holder, No. 09-72603, 702 F.3d 504 , 2012 WL 5077137, at *7 (9th Cir. Oct. 19, 2012) (en banc) (aliens who are inadmissible under 8 U.S.C. § 1 182(a)(9)(C)(i)(I) are not eligible for adjustment of status under 8 U.S.C. § 1255 (i)).

We lack jurisdiction to review the agency’s discretionary determination that Or-ozco de Munoz lacked good moral character under the catch-all provision of 8 U.S.C. § 1101 (f). See Lopez-Castellanos v. Gonzales, 437 F.3d 848,…

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