Rodriguez

Rodriguez v. Gonzales

Good Law
127 F. App'x 911
United States Court of Appeals for the Ninth CircuitApril 1, 2005No. 03-73354California224 words

Opinion

Lead Opinion

MEMORANDUM ***

Luis Romero Rodriguez and Antonia Cordova Romero petition for review of the Board of Immigration Appeals’ decision summarily affirming the denial of their applications for cancellation of removal. The Romeros argue that the Immigration Judge (“U”) improperly rejected certain affidavits that were offered as evidence of continuous physical presence and that the IJ erred in finding that they lacked good moral character.

Even if the affidavits were improperly rejected, the error was harmless, as the uncontested adverse credibility determination provided an adequate basis to conclude that the Romeros had not established continuous physical presence for the statutory period. See Diaz-Escobar v. INS, 782 F.2d 1488, 1494 (9th Cir.1986).

The Romeros’ failure to be truthful during the asylum proceedings is sufficient to support the finding that they lack good moral character. See Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001). We do not have jurisdiction to consider Mrs. Romero’s contention that her silence during the interview is not enough to show a lack of good moral character, because she did not raise that argument before the BIA. See Ochave v. INS, 254 F.3d 859 ,…

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.