Wolf del Moral v. Gonzales

MEMORANDUM ***

Gema Rosalva Wolf del Moral and Marcos Inocencio Vazquez Guevara, married *225 natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmances without opinion of an Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review with respect to Wolf del Moral. We vacate the BIA’s decision with respect to Vazquez Guevara, and remand his case for further proceedings.

The IJ denied Wolf del Moral’s application on two grounds: failure to establish good moral character and failure to establish continuous physical presence. As substantial evidence supports the IJ’s moral character determination, see Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 815 (9th Cir.2004), we need not reach Wolf del Moral’s contention concerning her continuous physical presence.

The IJ’s finding was based on Wolf del Moral’s “false statements in her application, made under oath, and then her false testimony to this Court,” which “made her ineligible to claim good moral character.” Implicitly, the IJ was invoking 8 U.S.C. § 1101 (f)(6),…