FILED
NOT FOR PUBLICATION JUN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CONCEPCION CARRILLO, No. 09-73777
Petitioner, B.I.A. No. A076-804-563
v.
MEMORANDUM *
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted January 11, 2011
Seattle, Washington
Before: GRABER and M. SMITH, JR., Circuit Judges, and BENITEZ,** District
Judge.
Petitioner Concepcion Carrillo, a native and citizen of Mexico, seeks review
of the Board of Immigration Appeals’ decision upholding the immigration judge’s
denial of her request for a waiver of inadmissibility and for adjustment of status to
that of legal permanent resident.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Roger T. Benitez, United States District Judge for the
Southern District of California, sitting by designation.
On January 30, 1998, Petitioner was stopped at the United States-Mexico
border and removed pursuant to 8 U.S.C. § 1225. Petitioner later entered the
United States without admission or parole in February or March of 1998. She has
not departed from the United States since that time.
Because Petitioner is illegally present in the United States after having been
previously removed, she is inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(II). She
argues, however, that she is entitled to a waiver of inadmissibility under 8 U.S.C.
§ 1182(a)(9)(C)(ii). That section provides an exception to inadmissibility if 10
years have passed since the alien’s last departure and if the alien obtains the
Secretary of the Department of Homeland Security’s consent to reapply for
admission before reentering the United States.
In light of our decision in Carrillo de Palacios v. Holder, No. 09-72059, filed
this date, Petitioner is not entitled to a waiver of inadmissibility—nunc pro tunc or
otherwise—because, although 10 years have elapsed since she last departed the
United States, she did not remain outside the United States for at least 10 years
before reentry. We therefore deny the petition.
Petition DENIED.
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