Ayala-Cervantes

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ summary affir-mance of the immigration judge’s decision finding petitioner removable under 8 U.S.C. § 1182 (a)(6) for having pled guilty to falsely representing herself to be a citizen of the United States in violation of federal law pursuant to 18 U.S.C. § 1542 .

Petitioner presented one argument to the agency and to this court. She contends the waiver provision in 8 U.S.C. § 1182 (i) violated her equal protection rights because the statute does not provide the possibility of a discretionary waiver for those found removable for having fraudulently claimed United States citizenship pursuant to 8 U.S.C. § 1182 (a)(6)(ii), as it does for those found removable for having generally committed fraud or misrepresentation pursuant to 8 U.S.C. § 1182 (a)(6)(i). We conclude that petitioner has failed to meet her burden to show that the statute’s classifications with regard to the availability of a waiver are “wholly irrational.” Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1167 (9th Cir.2004). Petitioner’s equal protection argument therefore fails.

Respondent’s motion for summary disposition is granted because…