Figueroa-Garcia

MEMORANDUM *

Petitioner Irma Yolanda Figueroa-Garcia appeals the district court’s denial of her habeas corpus petition brought under 28 U.S.C. § 2241 . We affirm.

The district court properly determined that the law of the case did not preclude the Immigration Judge (IJ) and Bureau of Immigration Appeals (BIA) from considering whether Petitioner’s status as a lawful permanent resident is impacted by the fact that her father obtained his citizenship status through fraud. The first decision by the BIA was not a final decision concerning whether Petitioner was a lawful permanent resident. That question was properly raised and considered thereafter.

Furthermore, as the district court concluded, Petitioner did not establish that she was a lawful permanent resident eligible to obtain a waiver of excludability under 8 U.S.C. § 1182 (c). 1 An alien who has obtained permanent resident status through fraud is not lawfully admitted for purposes of obtaining a § 1182(c) waiver. See Biggs v. INS, 55 F.3d 1398, 1401 (9th Cir.1995); Monet v. INS, 791 F.2d 752, 753-55 (9th Cir.1986). Petitioner’s visa petition depended upon her father’s representation that he was a U.S. citizen. If that…