Matilde Carrillo De Palacios v. Eric Holder, Jr.

ORDER

The opinion filed on December 1, 2011, 662 F.3d 1128 , is withdrawn. A superseding opinion will be filed concurrently with this order. No further petitions for panel or en banc rehearing will be entertained in this case.

OPINION

Petitioner Maria Matilde Carrillo de Pa-lacios (Carrillo de Palacios) petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA determined that Carrillo de Palacios is ineligible for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1255®, because she is inadmissible under INA section 212(a)(9)(C)®, 8 U.S.C. § 1182 (a)(9)(C)®, and is not eligible for the exception to inadmissibility in INA section 212(a)(9)(C)(ii), 8 U.S.C. § 1182 (a)(9)(C)(ii).

We deny the petition, as the BIA correctly concluded that Carrillo de Palacios returned to the United States after being “ordered removed under ... any ... provision of law, and ... enter[ed] or attempted] to reenter the United States without being admitted,” which renders her inadmissible under 8 U.S.C. § 1182 (a)(9)(C)(i)(II). The BIA also correctly concluded that she does not satisfy the requirements of 8 U.S.C. § 1182…