Oleksndr Petruk v. Loretta E. Lynch

MEMORANDUM

Oleksndr Petruk (Mr. Petruk) and Haly-na Petruk (Ms. Petruk) petition for review of the Board of Immigration Appeals’ (BIA) decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Petitioners are citizens of the Ukraine and members of the Church of Evangelist Christian Baptists, a minority religion in Ukraine. Forensic document analysis of Petitioners’ immigration materials supports the BIA’s finding that Petitioners entered the United States using fraudulent admission stamps and then attempted to gain permanent residency status using those same stamps. The BIA’s conclusion that Petitioners’ purported ignorance of the fraud was implausible was based on Mr. Petruk’s education and previous experience with the United States visa application process, and did not rely on conjecture or speculation: Substantial evidence supports the BIA’s finding that Petitioners are removable under 8 U.S.C. § 1182 (a)(6)(C)(i) for knowingly attempting to procure an immigration benefit by fraud or wilful misrepresentation. Almaghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir.2006) (“We review the BIA’s findings of fact, including credibility findings, for…