Ferrer-Herrera

MEMORANDUM **

Angel de Jesus Ferrer-Herrera (“Ferrer”) appeals the decision of the Board of Immigration Appeals, which affirmed without opinion the decision of the immigration judge (“IJ”). The IJ found Ferrer removable because he remained in this country after his conditional resident status was revoked. We find the IJ’s determination was supported by substantial evidence, and therefore deny the petition for review.

In order to find Ferrer removable as an alien inadmissible due to fraud or willful misrepresentation of a material fact under INA § 212(a)(6)(C)(I), the INS must establish removability by clear and convincing evidence. See 8 U.S.C. § 1229a(c)(3)(A). However, in order to find Ferrer inadmissible due to the termi *810 nation of his conditional residency status, the INS must establish that Ferrer’s petition was properly denied by a preponderance of the evidence. See 8 U.S.C. § 1186a(c)(3)(D); 8 C.F.R. § 216.4 (d)(2).

The IJ concluded that the INS had met the preponderance of the evidence standard. He supported this conclusion with several specific references to the evidence. First of all, there were numerous inconsistencies in Ferrer’s testimony. For example, Ferrer…