Maria Cristina Alvendia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA CRISTINA ALVENDIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74938
Agency No. A075-098-439
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Maria Cristina Alvendia, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) decision denying her application for adjustment
of status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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07-74938 2
questions of law and due process claims, and review for substantial evidence the
agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We deny the petition for review.
Alvendia’s due process rights were not violated by the admission of the
Form I-213 (Record of Deportable/Inadmissible Alien), because the document was
probative and its admission was fundamentally fair. See Espinoza v. INS, 45 F.3d
308, 310 (9th Cir. 1995) (“The burden of establishing a basis for exclusion of
evidence from a government record falls on the opponent of the evidence, who
must come forward with enough negative factors to persuade the court not to admit
it.”). Alvendia’s remaining due process claims are not persuasive.
Substantial evidence supports the agency’s determination that Alvendia
made a false claim to United States citizenship in order to gain entry into the
United States. See Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir. 2000); see also
Valadez-Munoz v. Holder, 623 F.3d 1304, 1309 (9th Cir. 2010) (burden on alien to
demonstrate admissibility and offset the strong inference that his activities at the
border constituted a claim of United States citizenship).
Alvendia’s May 17, 2010, motion to remand is denied.
PETITION FOR REVIEW DENIED.

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