Marc Bristow v. Eric Holder, Jr.

MEMORANDUM

Marc Anthony Bristow, a native and citizen of the United Kingdom, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law, Martinez-Medina v. Holder, 673 F.3d 1029, 1033 (9th Cir.2011), and we review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

We reject Bristow’s claim that the BIA engaged in improper fact-finding, where the BIA took Bristow’s statements in his appeal brief as true and did not make independent findings of fact. See Perez-Palafox v. Holder, 744 F.3d 1138 , 1145 — 46 (9th Cir.2014) (concluding that the BIA did not engage in improper factfinding, where it “completely accepted” the undisputed facts of the case); see also Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir.2007) (holding that the BIA is under “an affirmative obligation to ‘accept as true the facts stated in [a petitioner’s] affidavit in ruling upon his motion to reopen unless it finds those facts…