Maria Mendoza, et al v. Eric Holder, Jr., No. 09-70606 (9th Cir. 2011)

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FILED MAR 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA LOURDES MENDOZA, a.k.a. Maria Lourdes Mendoza Padilla; RAPHAELLA MENDOZA, No. 09-70606 Agency Nos. A096-581-106 A096-581-107 Petitioners, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Maria Lourdes Mendoza and Raphaella Mendoza, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals ( BIA ) order dismissing their appeal from an immigration judge s removal order. We * 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). have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency s finding of fact, and review de novo questions of law. Vasquez v. Holder, 602 F.3d 1003, 1009 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency s finding that Maria Lourdes Mendoza willfully misrepresented a material fact in order to obtain permanent residence based on marriage to a United States citizen, and is therefore removable under 8 U.S.C. § 1227(a)(1)(A); Forbes v. INS, 48 F.3d 439, 441-42 (9th Cir. 1995). Petitioners contention that the agency ignored the evidence in Maria Lourdes Mendoza s application for cancellation of removal as a battered spouse under 8 U.S.C. § 1229b(b)(2) is not supported by the record. Petitioners remaining contention is unavailing. PETITION FOR REVIEW DENIED. 2 09-70606

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