Paredes-Ramirez v. Gonzales

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 9, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60550
Summary Calendar
YOLANDA PAREDES-RAMIREZ,
Petitioner,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75 297 281
--------------------
Before HIGGINBOTHAM, BENAVIDES, and OWEN, Circuit Judges.
PER CURIAM:*
Yolanda Paredes-Ramirez, a citizen of Mexico, petitions this
court for review of an order pretermitting her application for
adjustment of status to that of lawful permanent resident and
ordering her removal to Mexico. The Board of Immigration Appeals
(BIA) affirmed the order of the immigration judge (IJ).
Paredes-Ramirez argues that the BIA erred by determining
that she was not eligible for adjustment of status and that the
IJ erred by failing to properly adjudicate her application for
permission to reapply for admission. Because Paredes-Ramirez was

-- 1 of 2 --

No. 05-60550
-2-
inadmissible pursuant to 8 U.S.C. § 1182(a)(9)(C)(i)(I), the BIA
did not act arbitrarily when it determined that Paredes-Ramirez
was not eligible for adjustment of status under 8 U.S.C.
§ 1255(i)(1)(A)(i). Mortera-Cruz v. Gonzales, 409 F.3d 246, 255-
56 (5th Cir. 2005). Because Paredes-Ramirez did not challenge
the adjudication of her application for permission to reapply for
admission when she was before the BIA, that issue is not
cognizable in this court. Roy v. Ashcroft, 389 F.3d 132, 137
(5th Cir. 2004). Even if we were to review that claim, Paredes-
Ramirez would not be entitled to relief because she has failed to
make an initial showing of substantial prejudice. Anwar v. INS,
116 F.3d 140, 144 (5th Cir. 1997).
Paredes-Ramirez’s petition for review is DENIED.

-- 2 of 2 --