MacIel

MacIel v. Holder

Good Law
362 F. App'x 668
United States Court of Appeals for the Ninth CircuitJanuary 13, 201005-74047California551 words

Opinion

Opinion

MEMORANDUM

Maria Lourdes Maciel petitions for review of a final decision of the Board of Immigration Appeals (“BIA”) affirming without opinion an Immigration Judge’s (“IJ”) order denying her application for cancellation of removal under 8 U.S.C. § 1229b(b). The IJ found that Maciel was ineligible for cancellation of removal because she gave false testimony and so, as a matter of law, could not show good moral character. We affirm.

This court reviews the BIA’s findings of statutory ineligibility for cancellation of removal for substantial evidence. See Ber-nal v. Imm. & Nat. Svc., 154 F.3d 1020, 1022 (9th Cir.1998). Where, as here, the BIA affirms without opinion, this court reviews the immigration judge’s opinion as the final agency determination. Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004).

The Attorney General, through an IJ or the BIA, may grant cancellation of removal to an otherwise deportable nonresident alien where that alien’s removal would cause significant hardship to the alien’s spouse, parent, or child who is a United States citizen or lawful permanent resident. 8 U.S.C. § 1229b(b). However, the Attorney General may only grant such a cancellation of removal…

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