Calderon

Calderon v. Gonzales

Good Law
171 F. App'x 155
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-74051California272 words

Opinion

Lead Opinion

MEMORANDUM **

Hipólito Luis Calderon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s *156 determination that Calderon is ineligible for cancellation of removal because he lacks good moral character under 8 U.S.C. § 1101 (f)(6). Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Calderon lacked good moral character, because Calderon admitted that he testified falsely before an asylum officer. See id. Calderon’s recantation was insufficient because it did not come until his merits hearing before the IJ, one and a half years later. See Matter of Namio, 14 I. & N. Dec. 412, 414 (BIA 1973) (“recantation must be voluntary and without delay”).

Calderon contends that he lacked the requisite intent to deceive for the purpose of obtaining an immigration benefit because he did not intend to obtain asylum. This contention is unpersuasive because he…

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