Hector Gonzalez-Lopez v. Loretta E. Lynch

Good Law
616 F. App'x 241
United States Court of Appeals for the Ninth CircuitSeptember 3, 201513-71658California455 words

Opinion

Opinion

MEMORANDUM

Hector Manuel Gonzalez-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision finding him removable. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims, Mohammed v. Gonzales, 400 F.3d 785, 791-792 (9th Cir.2005), and review for substantial evidence the agency’s findings of re-movability, Lopez-Chavez v. INS, 259 F.3d 1176, 1180 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the agency’s finding that Gonzalez-Lopez was inadmissible under 8 U.S.C. § 1182 (a)(6)(A)(i) for entering the United States without first having been admitted or paroled, where record evidence .demonstrated that Gonzalez-Lopez had admitted he was a native and citizen of Mexico who entered the United States without inspection, and where he failed to rebut the presumption of alienage. See Lopez-Chavez, 259 F.3d at 1181 (“Once the [government] proves alienage, the burden shifts to the alien to prove the time, place and manner of his entry into the United States.”); see also Trias-Hernandez v. INS, 528…

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