Mirna Baires-Hernandez v. Eric Holder, Jr.

MEMORANDUM

Mirna Argentina Baires-Hemandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for relief from deportation. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001), we deny the petition for review.

Substantial evidence supports the BIA’s determination that Baires-Hernandez is statutorily barred from establishing the good moral character required for suspension of deportation and voluntary departure because she voluntarily gave false testimony under oath at an interview with an asylum officer in 2007 with the subjective intent to obtain an immigration benefit. See 8 U.S.C. § 1101 (f)(6); Ramos, 246 F.3d at 1266 .

Baires-Hernandez’s contention that her false testimony was the result of ineffective assistance of counsel provided by an immigration consultant she knew was not a lawyer is foreclosed by our decision in Hernandez v. Mukasey, 524 F.3d 1014, 1020 (9th Cir.2008) (holding that knowing reliance upon the advice of a non-attorney cannot support a…