Walid Hawatmeh v. Eric Holder, Jr.

MEMORANDUM

Walid Hawatmeh (Hawatmeh), a native and citizen of Jordan, petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal of the ruling of an Immigration Judge (IJ) finding him removable under 8 U.S.C. § 1227 (a)(1)(A), and denying his request for a waiver of removal. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Hawatmeh is removable under 8 U.S.C. § 1227 (a)(1)(A). During his adjustment of status interview, Hawatmeh willfully misrepresented the material fact that he had been ordered deported. Although the interviewing officer did not testify before the IJ, the presumption of regularity supports the BIA’s finding that the interviewing officer properly inquired whether Hawatmeh had ever been deported. See Kohli v. Gonzales, 473 F.3d 1061, 1068 (9th Cir.2007). In addition, the BIA properly inferred from Hawatmeh’s refusal to testify before the IJ about whether he was asked this question that Hawatmeh knowingly made a false statement. See United States v. Solano-Godines, 120 F.3d 957, 962 (9th Cir.1997) (“Deportation proceedings are civil…