FILED
NOT FOR PUBLICATION JUL 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GERARDO VALDOVINOS-INFANTE, No. 08-70843
a.k.a. Gerardo Infante Valdovinos,
Agency No. A079-166-879
Petitioner,
v. MEMORANDUM *
MICHAEL B. MUKASEY, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Gerardo Valdovinos-Infante, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying his application for a waiver under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1186a(c)(4)(B). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the IJ’s order denying the waiver, Damon v.
Ashcroft, 360 F.3d 1084, 1088 (9th Cir. 2004), and we deny the petition for review.
Substantial evidence supports the IJ’s conclusion that Valdovinos-Infante
failed to satisfy his burden of establishing that his marriage was entered into in
good faith where he did not submit sufficient documentation indicating that he and
his wife intended to establish a life together at the time of their marriage. See
Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1148 (9th Cir. 2005).
We decline to consider the evidence Valdovinos-Infante attached to his
opening brief because our review is limited to the administrative record underlying
the IJ’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).
PETITION FOR REVIEW DENIED.
2 08-70843