FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KATIA KINA DURAN-SANTIAGO, No. 09-72237
Petitioner, Agency No. A095-285-185
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Katia Kina Duran-Santiago, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for adjustment of
status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions
*
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).
of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny
the petition for review.
The agency did not err in concluding that Duran-Santiago failed to establish
eligibility for adjustment of status under 8 U.S.C. § 1255(i) because the record
demonstrates she failed to submit any evidence in support of her eligibility claim.
See 8 C.F.R. § 1240.8(d) (alien bears the burden of establishing eligibility for
requested relief).
We do not consider the new evidence Duran-Santiago seeks to introduce
with her petition for review. See Chouchkov v. INS, 220 F.3d 1077, 1080 (9th Cir.
2000) (review limited to the administrative record).
PETITION FOR REVIEW DENIED.
2 09-72237