Jian Yuan Zhen v. Ashcroft

MEMORANDUM **

Jian Yuan Zhen petitions for review of the Board of Immigration Appeals’s (“BIA”) decision to affirm an Immigration Judge’s (“IJ”) order of removal. We deny the petition for review.

The IJ found clear and convincing evidence to support the conclusion that Zhen was inadmissible at the time of entry because he had committed marriage fraud, see 8 U.S.C. § 1182 (a)(6)(C)(i), and so was removable, see id. § 1227(a)(1)(A). The IJ also concluded that the preponderance of the evidence supported the Immigration and Naturalization Service’s 1 (“INS”) conclusion that Zhen entered a marriage for the purpose of procuring admission as an immigrant, see id. § 1186a(b)(l), and that termination of Zhen’s status as a conditional permanent resident was thus appropriate. See id. § 1227(a)(1)(D).

We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). As the BIA affirmed the IJ’s decision without opinion, “the IJ’s decision becomes the final agency decision, and ... [this court] scrutinize^] the IJ’s decision as [it] would a decision by the BIA itself.” Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003). We affirm.

We can grant Zhen’s petition for review only if “a…