Neftali Urzua Covarrubias v. Alberto R. Gonzales, Attorney General

487 F.3d 742 Neftali URZUA COVARRUBIAS, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. No. 03-74661. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 7, 2006. Filed May 29, 2007. Xavier Rosas, Law Office of Enrique Arevalo, Pasadena, CA, for the petitioner. John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Washington, DC, for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. Atv-hgx-rqo. Before: HARRY PREGERSON, BARRY G. SILVERMAN, and RICHARD C. TALLMAN, Circuit Judges. Opinion by Judge TALLMAN; Dissent by Judge PREGERSON TALLMAN, Circuit Judge. 1 Neftali Urzua Covarrubias ("Urzua") petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing Urzua's appeal from the denial of his application for suspension of deportation under 8 U.S.C. § 1254 (a) (repealed 1996). 1 The BIA agreed with the Immigration Judge ("IJ") and found Urzua statutorily barred from showing good moral character, see 8 U.S.C. § 1101 (f)(3), because Urzua "knowingly . . . encouraged, induced, assisted, abetted[] or aided" his brother…

Opinion by Judge TALLMAN; Dissent by Judge PREGERSON

Neftalí Urzua Covarrubias (“Urzua”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing Urzua’s appeal from the denial of his application for suspension of deportation under 8 U.S.C. § 1264 (a) (repealed 1996). 1 *744 The BIA agreed with the Immigration Judge (“IJ”) and found Urzua statutorily barred from showing good moral character, see 8 U.S.C. § 1101 (f)(3), because Ur-zua “knowingly ... encouraged, induced, assisted, abetted[ ] or aided” his brother in unlawfully entering the United States under 8 U.S.C. § 1182 (a)(6)(E)®. We cannot say that the record compels a contrary result as substantial evidence supports the BIA’s factual finding. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We therefore deny the petition for review.

I

Urzua, a native and citizen of Mexico, entered the United States without inspection on August 30, 1989. He filed an application for asylum on May 3, 1994. During his interview with an INS asylum officer on January 10, 1997, Urzua admitted to making several incorrect statements in his asylum application. On January 24,…

Dissenting.

I disagree with the majority’s characterization of the facts in this case. The evidence in the record compels a result contrary to the BIA’s holding. Accordingly, I dissent.

Urzua is a citizen of Mexico. He has been residing in the United States since he entered the country illegally in 1989. The INS commenced deportation proceedings against Urzua in 1997. Urzua conceded deportability, but applied for suspension of deportation. To qualify for the discretionary relief of suspension of deportation Ur-zua must (1) have been physically present in the United States for a continuous period of seven years, (2) be a person of good moral character, and (3) demonstrate that deportation would result in extreme hardship to himself or to his U.S. citizen son. 8 U.S.C. § 1254 (a)(1).

There is no dispute that Urzua has met the requirements of continuous presence and extreme hardship to himself and to his son. Urzua has been in the United States for almost eighteen years. During this time, Urzua has worked for the same employer and has paid taxes. He learned English and is active in his church and in his community. He and his brother own a house together. Urzua coaches a…