Jaime Hernandez Lopez v. Loretta E. Lynch

MEMORANDUM

Jaime Hernandez Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, including credibility determinations. Bassene v. Holder, 737 F.3d 530, 536 (9th Cir.2013). We review for abuse of discretion the denial of a motion for a continuance and review de novo constitutional claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The record does not compel reversal of the agency’s determination that Hernandez Lopez failed to establish that he had been admitted to the United States, and that he was therefore both removable and ineligible for adjustment of status, where the agency’s adverse credibility determination was supported by substantial evidence and Hernandez Lopez failed to present corroborating evidence concerning the manner of his entry into the United States. See 8 U.S.C. § 1255 (a); Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir.2010) (alien…