Salvador Benitez-Pineda v. Eric Holder, Jr.

MEMORANDUM

Salvador Benitez-Pineda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Aguilar Gonzalez v. Mukasey, 534 F.3d 1204, 1208 (9th Cir.2008), and we deny the petition for review.

Substantial evidence supports the agency’s determination that Benitez-Pineda’s testimony concerning his trip to Canada was not credible because it was implausible and contradicted by the totality of the circumstances. See Malkandi v. Holder, 576 F.3d 906, 917 (9th Cir.2009) (an adverse credibility determination should be based on the totality of the circumstances, including the inherent plausibility of the petitioner’s testimony).

Substantial evidence also supports the agency’s determination that Benitez-Pine-da was statutorily barred from establishing good moral character in order to qualify for cancellation of removal because he engaged in affirmative acts in support of a smuggling attempt. See 8 U.S.C. §§ 1101 (f)(3),…