FILED
NOT FOR PUBLICATION
JAN 08 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BERTHA SONIA CASTILLON- No. 13-70156
CAMPOSANO,
Agency No. A072-810-969
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 6, 2016**
San Francisco, California
Before: KOZINSKI, NOONAN, and O’SCANNLAIN, Circuit Judges.
Petitioner Bertha Castillon-Camposano seeks review of a final deportation
order entered by the Board of Immigration Appeals (BIA). Petitioner argues that
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
she did not “engage in terrorist activity” within the meaning of 8 U.S.C.
§ 1182(a)(3)(B) because she provided assistance while under duress.
We cannot reach Petitioner’s argument because we cannot grant her
effective relief. The BIA held that Petitioner failed to meet her evidentiary burden
for many of the statutory eligibility requirements for voluntary departure, including
continuous physical presence in the United States, good moral character, means to
depart the United States, and intent to depart the United States. See 8 U.S.C.
§ 1229c(b)(1). This court lacks jurisdiction to review that factual finding. See 8
U.S.C. §§ 1229c(f), 1252(a)(2)(B)(i); Corro-Barragan v. Holder, 718 F.3d 1174,
1176–77 (9th Cir. 2013). Thus, regardless of how we would resolve the duress
issue, Petitioner would remain ineligible for voluntary departure.
DISMISSED.
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