Castillo-Recinos
Castillo-Recinos v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Esvin Benito Castillo-Recinos, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) order of removal and denial of asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We deny in part, and dismiss in part, the petition for review.
Castillo-Recinos contends that the IJ erred by finding him inadmissible and subject to removal under 8 U.S.C. § 1182 (a)(6)(C)® for attempted entry by misrepresentation. Because Castillo-Recinos conceded that he attempted to enter the United States by orally falsely claiming to be a lawful permanent resident, his challenge to the IJ’s removal order lacks merit. See Pichardo v. INS, 216 F.3d 1198, 1200 (9th Cir.2000) (stating that “in removal proceedings, the alien has the burden of establishing that he is ‘clearly and beyond doubt entitled to be admitted and is not inadmissible’ ”); see also 8 U.S.C. § 1252 (b)(4)(C) (stating that “a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly contrary to law”).