NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 27 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUZ CECILIA MARTINEZ DE ARIAS, No. 17-71398 AKA Luz Cecilia Martinez Mora, Agency No. A046-687-932 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 13, 2020** Pasadena, California Before: GOULD and OWENS, Circuit Judges, and KORMAN,*** District Judge. Petitioner Luz Cecilia Martinez De Arias (“De Arias”) appeals two Board of Immigration Appeals (“BIA”) decisions from December 19, 2013 and April 25, * 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). *** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. 2017, which held (1) that De Arias is removable under 8 U.S.C. § 1182(a)(7)(A)(i)(I) as an alien not in possession of a valid entry document at the time of admission, and (2) that she is removable under 8 U.S.C. § 1182(a)(6)(E)(i) for helping her boyfriend attempt to gain unlawful entrance into the United States. De Arias argues that her case should be remanded to the BIA due to her potential citizenship claim. We have jurisdiction, 8 U.S.C. § 1252, and deny the petition. De Arias is a citizen of Mexico who married a U.S. citizen in 1996. On October 5, 1989, the former Immigration and Naturalization Service issued De Arias a voluntary departure order that required her to leave the country on or before June 5, 1990. De Arias contends that she complied with the order. In 1997, her husband filed a petition on her behalf, which was approved. Soon after, she left the United States to collect the visa at the American Consulate in Mexico. She was admitted as a permanent resident on January 5, 1999. Her husband died on August 25, 2003. In 2004, De Arias applied for admission to the United States at the border between Mexico and California. She traveled by car with her children and her then-boyfriend, Jose Rojas Villegas (“Rojas”). Rojas presented an altered U.S. passport bearing the name of De Arias’ deceased husband. Customs and Border Patrol officers stopped the car for further inspection, and determined that De Arias was inadmissible as an “alien who at any time knowingly has encouraged, induced, 2 assisted, abetted, or aided any other alien to enter or try to enter the United States in violation of law.” 8 U.S.C. § 1182(a)(6)(E)(i). She was paroled into the United States, with her parole expiring on July 18, 2004. Based on De Arias’ role in Rojas’ attempt to illegally enter the United States, the Department of Homeland Security (“DHS”) charged De Arias as removable under 8 U.S.C. § 1182(a)(6)(E)(i). The DHS also charged that De Arias was removable under 8 ...
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