Bumatay

Bumatay v. Ashcroft

Good Law
114 F. App'x 339
United States Court of Appeals for the Ninth CircuitDecember 2, 2004No. 03-72362, A44-715-470California371 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Mauro Carino Bumatay seeks review of a final order of removal issued by the Board of Immigration Appeals on May 23, 2003. In adopting the immigration judge’s findings, the BIA found that Bumatay was removable under either of two statutes: 8 U.S.C.

§ 1182(a)(7)(A)(i)(I), for not possessing a valid unexpired immigrant visa, and 8 U.S.C. § 1182 (a)(6)(C)(i), for willfully misrepresenting a material fact on his visa application. The IJ found that Bumatay’s willful misrepresentation concerning his marital history, which he admitted during his hearing, satisfied either of these statutes. Bumatay’s various efforts to circumvent this fact are unsuccessful.

Legal conclusions are reviewed de novo. Azanor v. Ashcroft, 364 F.3d 1013, 1018 *340 (9th Cir.2004). Findings of fact are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B).

First, Bumatay asserts that his prior marriage had been terminated under Philippine law. Even if this were true, it would have no bearing on the fact that Bumatay lied on his application concerning his marital history. He next argues that the IJ erred in admitting an…

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