Gazdikova

Gazdikova v. Holder

Good Law
423 F. App'x 731
United States Court of Appeals for the Ninth CircuitMarch 23, 2011Nos. 08-72247, 09-71871California399 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Jana Gazdikova, a native and citizen of the Czech Republic, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from *732 an immigration judge’s (“IJ”) removal order and denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence whether Gazdikova is removable. Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004). We review for abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and the denial of a motion to reopen, and review de novo constitutional questions, including claims of ineffective assistance of counsel, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

Substantial evidence supports the agency’s conclusion that Gazdikova entered her marriage for the purpose of procuring an immigration benefit where Gazdikova’s former U.S. citizen-spouse testified that their marriage was fraudulent, that he married Gazdikova in exchange for a room in her residence and for remuneration, and that they co-habitated as…

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