Jose Gomez-Borboa v. Eric Holder, Jr.

MEMORANDUM

Jose Julian Gomez-Borboa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ upholding of the Immigration Judge’s denial of his Application for Cancellation of Removal. See 8 U.S.C. § 1229b(b)(l). We deny the petition in part, grant it in part, and remand.

(1) In general, we do not have jurisdiction to review decisions “regarding the granting of relief under section ... 1229b.” 8 U.S.C. § 1252 (a)(2)(B)(i). However, there is an exception for “constitutional claims or questions of law.” Id. § 1252(a)(2)(D); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

(2) Gomez asserts that when the BIA determined that he had not shown good moral character, it engaged in impermissible fact-finding. He points out that the BIA referred to Gomez’s multiple false claims of United States citizenship. He also asserts that the BIA committed legal error when it determined that he lacked good moral character because it treated his false claims of citizenship as a per se bar to a determination that he had good moral character. See Guadarrama, 24 I. & N. Dec. at 626-27; see also Torres-Guzman v. INS, 804 F.2d 531, 534 (9th…