FILED
NOT FOR PUBLICATION MAR 02 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELENA GONZALEZ MENDEZ, No. 09-71745
Petitioner, Agency No. A073-859-621
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Elena Gonzalez Mendez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by
8 U.S.C. § 1252. We review de novo questions of law, Khan v. Holder, 584 F.3d
*
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).
773, 776 (9th Cir. 2009), and we dismiss in part, and deny in part, the petition for
review.
We lack jurisdiction to review the IJ’s discretionary denial of a waiver under
8 U.S.C. § 1182(d)(11), and therefore we do not reach Gonzalez Mendez’
contention concerning the IJ’s adverse credibility determination. See 8 U.S.C.
§ 1252(a)(2)(B)(ii).
Gonzalez Mendez’ contention that the IJ gave improper weight to one
adverse factor does not raise a colorable due process claim, and therefore we lack
jurisdiction to consider it. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th
Cir. 2005).
Gonzalez Mendez’ contention that the IJ erred by considering her deception
with regard to her smuggling attempt is foreclosed by INS. v. Yueh-Shaio Yang,
519 U.S. 26, 30 (1996) (agency may consider initial and subsequent fraud in the
adjudication of discretionary fraud waiver).
PETITION FOR REVIEW DISMISSED in part, DENIED in part.
2 09-71745