Leslie Gasca-Garcia v. Loretta E. Lynch

MEMORANDUM

Leslie Yahaira Gasca-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her applications for cancellation of removal and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence determinations regarding good moral character. Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Gasca-Garcia is statutorily barred from establishing the good moral character necessary to qualify for cancellation of removal, where she gave false testimony under oath in immigration court with the subjective intent to obtain an immigration benefit. See 8 U.S.C. §§ 1101 (f)(6), 1229b(b)(1)(B); Ramos, 246 F.3d at 1266 (“For 'a witness’s false testimony to preclude a finding of good moral character, the testimony must have been made orally and under oath, and the witness must have had a subjective intent to deceive for the purpose of obtaining immigration benefits.”).

Contrary to Gasca-Garcia’s contentions, the…