Serrano-Jimenez

Serrano-Jimenez v. Holder

Good Law
385 F. App'x 743
United States Court of Appeals for the Ninth CircuitJuly 1, 201007-72144California334 words

Opinion

Opinion

MEMORANDUM

Jose Enrique Serrano-Jimenez, 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”) decision denying his application for adjustment of status and ordering him removed. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Serrano-Jimenez’s due process rights were not violated by the admission of the Form 1-213 (Record of Deporta-ble/Inadmissible Alien), which documented his false claim to citizenship and which was supported by the preparing officer’s testimony. See Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995) (“The burden of establishing a basis for exclusion of evidence from a government record falls on the opponent of the evidence, who must come forward with enough negative factors to persuade the court not to admit it.”); see also Tejeda-Mata v. INS, 626 F.2d 721, 724 (9th Cir.1980) (authenticity of a Form 1-213 sufficiently…

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