FILED
NOT FOR PUBLICATION MAR 15 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA ALICIA JUANA DURAN No. 15-72975
MARTINEZ, AKA Alicia Duran, AKA
Juana Martinez, Agency No. A200-306-002
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Maria Alicia Juana Duran Martinez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review de novo questions of law and for substantial evidence factual
findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny
the petition for review.
The agency correctly concluded that Duran Martinez was statutorily
ineligible for adjustment of status under 8 U.S.C. § 1255(i) because she is
inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I), where substantial evidence
supports the agency’s determination that she reentered the United States without
being admitted, after previously accruing more than one year of unlawful presence.
See Garfias-Rodriguez v. Holder, 702 F.3d 504, 513-14 (9th Cir. 2012) (en banc).
Contrary to Duran Martinez’s contention, the agency did not rely on her witness’s
testimony in making that determination.
PETITION FOR REVIEW DENIED.
2 15-72975