Baljit Sanga v. Eric Holder, Jr.

MEMORANDUM

Baljit Singh Sanga, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (repealed 1996). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo questions of law. Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir. 2005) (en banc). We deny in part and dismiss in part the petition for review.

The BIA did not err in failing to consider Indian law. As the BIA recognized, in denying relief the IJ relied upon the inconsistencies in Sanga’s testimony regarding how his second marriage was terminated, not on whether Sanga’s second marriage was actually terminated under Indian law. Moreover, the question of what Indian law provides is a question of fact that the BIA could not consider on appeal. See Matter of Kodwo, 24 I. & N. Dec. 479, 482 (BIA 2008).

Contrary to Sanga’s contention, the BIA. provided an adequate explanation for its decision. The BIA…