Garcia-Baez

MEMORANDUM **

Miguel Garcia-Baez petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of suspension of deportation and voluntary departure. We have jurisdiction pursuant to former 8 U.S.C. § 1105a, as amended by the transitional rules set forth in section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. No. 104-208, 110 Stat. 3009. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We deny the petition.

‘Where, as here, the BIA affirms the decision of the IJ without opinion, we review the decision of the IJ as the final agency decision.” Sidhu v. Ashcroft, 368 F.3d 1160, 1163 (9th Cir.2004). The BIA’s factual findings are reviewed under the deferential substantial evidence standard. Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir.2004). We also review for substantial evidence a finding of statutory ineligibility for relief based on a lack of good moral character. Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001).

Garcia-Baez first challenges the BIA’s determination that his appeal was suitable for summary affirmance without decision. We conclude,…