Olea-Reyes

concurring in part and dissenting in part.

In his removal proceedings, Olea-Reyes had the burden of proving that he was “clearly and beyond doubt ... not inadmissible” as charged. 8 U.S.C. § 1229a(c)(2)(A). Based on a factual adverse credibility determination, the IJ concluded that Olea-Reyes did not meet his burden of proof. This court must uphold the agency’s factual findings “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001) (explaining that the substantial evidence standard is highly deferential to the Board of Immigration Appeals). Because a close examination of the record does not compel a result contrary to that reached by the IJ, Olea-Reyes has not met his burden of proving by substantial evidence that he clearly and beyond a doubt is not inadmissible to the United States. Accordingly, while I concur with Parts I and III of the memorandum disposition, I dissent from Part II.

The IJ’s conclusion—that Olea-Reyes withheld his true country of citizenship by saying that he was a United States citizen, and did not timely retract his false statement of United States…

MEMORANDUM *

Guillermo Olea-Reyes (“Olea”) petitions for review of an order of the Board of Immigration Appeals (BIA) affirming without opinion the immigration judge’s (IJ) order of removal. The IJ found Olea inadmissible under 8 U.S.C. § 1182 (a)(7)(A)(i)(I) as an intending immigrant without valid documents, and under 8 U.S.C. § 1182 (a)(6)(C)(i) for willfully misrepresenting a material fact to procure admission into the United States. The IJ also concluded that Olea was an arriving alien statutorily ineligible to apply for voluntary departure. See 8 U.S.C. § 1229c(a)(4). Olea concedes that he is removable under § 1182(a)(7)(A)(i)(I), but contends that he is not removable under § 1182(a)(6)(C)(i) because he promptly retracted his initial claim to United States citizenship. We agree and grant the petition for review with respect to this claim. We deny the petition as to Olea’s second claim, that he is eligible to apply for voluntary departure.

I.

Since the parties are familiar with the facts, we do not recite them in detail. Olea, a citizen of Guatemala, was detained on November 4, 2000, at the San Ysidro port of entry as he sought to reenter the United States after a two-week…