Joseph Howard Ludena Mendoza, a.k.a. Jospeh H. Ludena v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH HOWARD LUDENA
MENDOZA, a.k.a. Jospeh H. Ludena,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70071
Agency No. A087-193-376
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Joseph Howard Ludena Mendoza, a native and citizen of Peru, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
of an immigration judge’s decision denying his application for adjustment of
status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions
FILED
JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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of law, and for substantial evidence the agency’s factual determinations.
Hernandez v. Ashcroft, 345 F.3d 824, 832 (9th Cir. 2003). We deny the petition
for review.
Substantial evidence supports the BIA’s determinations that Ludena
Mendoza failed to establish he had been inspected and admitted into the United
States, and that Ludena Mendoza therefore is not eligible for adjustment of status.
See 8 U.S.C. § 1255(a) (setting forth requirements for adjustment of status); 8
C.F.R. § 1240.8(d) (stating that applicant bears the burden of establishing
eligibility for relief from removal).
Ludena Mendoza’s claim that the agency employed an unclear standard and
failed to develop the record is unsupported by the record.
PETITION FOR REVIEW DENIED.
13-70071 2

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