Abelardo Cangco v. Loretta E. Lynch

MEMORANDUM

Abelardo Adriano Cangco, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) discretionary denial of a waiver of fraud or misrepresentation under 8 U.S.C. § 1227 (a)(1)(H). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and we review for substantial evidence the agency’s factual findings. Zhi v. Holder, 751 F.3d 1088, 1091 (9th Cir. 2014). We deny in part and dismiss in part the petition for review.

The BIA did not engage in impermissible fact-finding or err in agreeing with the IJ that Cangco is removable as charged in the Notice to Appear (“NTA”) as an alien, who by fraud or willful misrepresentation, procured a visa or admission into the United States, where substantial evidence supports the IJ’s findings that Cangco had engaged in fraud in obtaining his lawful permanent resident status and the IJ ordered Cangco removed on the charges contained in the NTA. See 8 U.S.C. § 1182 (a)(6)(C)(i). To the extent the IJ may have erred in addressing removability only in the order and not in the decision, Cangco failed to…