Harvinder Kaur v. Eric H. Holder Jr.

MEMORANDUM

Harvinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the agency’s application of a statute. Cervantes-Gonzales v. INS, 244 F.3d 1001, 1004 (9th Cir.2001). We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

The agency properly determined that Kaur is inadmissible to the United States under § 212(a)(6)(C)© of the Immigration and Naturalization Act because she made willful misrepresentations at the airport by presenting someone else’s passport and green card as her own, and she failed to timely and voluntarily retract those misrepresentations. See Cervantes-Gonzales, 244 F.3d at 1004 ; cf. Kungys v. United States, 485 U.S. 759, 772 , 108 S.Ct. 1537 , 99 L.Ed.2d 839 (1988) (whether a misrepresentation is material depends on “whether it had a natural tendency to influence the decisions…