Almaraz

Almaraz v. Immigration & Naturalization Service

Good Law
112 F. App'x 643
United States Court of Appeals for the Ninth CircuitNovember 8, 2004No. 03-70265; Agency Nos. A74-825-637California431 words

Opinion

Lead Opinion

MEMORANDUM **

Eduardo Sanchez Almaraz, a citizen and native of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) decision denying his application for suspension of deportation. Because the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 apply, see Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a.

To be eligible for suspension of deportation, Almaraz must prove, inter alia, that during the seven years before his application he was, and continues to be, “of good moral character.” INA § 244(a)(1), 8 U.S.C. § 1254 (a)(1) (1994), repealed by Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996). An applicant for suspension of deportation cannot qualify for a finding of good moral character if that applicant gave “false testimony for the purpose of obtaining benefits.” 8 U.S.C. § 1101 (f)(6); Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001). The immigration judge (“IJ”) concluded that Almaraz made false statements *645 in his testimony. The BIA also so concluded. We find substantial evidence in the record supporting this conclusion. Almaraz testified…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.