Martha Torres Mendoza v. Jefferson Sessions

693 F. App'x 569

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 5, 2017
• Docket: 12-73127
• Status: Unpublished

Opinion

MEMORANDUM **

Maria N. Garcia Arrieta, 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 (“U”) decision sustaining the inadmissibility charge and ordering removal. We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo. Martinez-Medina v. Holder, 673 F.3d 1029, 1033 (9th Cir. 2011). We deny the petition for review.

The agency did not err in finding Garcia Arrieta removable as charged, because Samayoa-Martinez v. Holder, 558 F.3d 897, 901-02 (9th Cir. 2009), forecloses her contention that her statements to immigration officials at the border were obtained in violation of 8 C.F.R. § 287.3(c). To the extent that Garcia Arrieta contends that de Rodriguez-Echeverria v. Mukasey, 534 F.3d 1047 (9th Cir. 2008) controls the result of her case, we reject that contention.

The BIA did not err or violate due process by not addressing Garcia Arrieta’s contentions regarding the IJ’s handling of the remand, where the holding in Samay-oa-Martinez was dispositive. See Samayoa-Martinez at 901-02; Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non-dispositive issues); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,