Ordonez Torres v. Mukasey
Opinion
Lead Opinion
*482 MEMORANDUM **
Petitioner Carmen Virginia Ordonez Torres (“Ordonez Torres”) petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an Immigration Judge’s (“IJ”) denial of her applications for cancellation of removal and voluntary departure. The IJ found that Ordonez Torres lacked good moral character because she misrepresented her address before an asylum officer and the immigration court. Because substantial evidence does not support the IJ’s decision, we grant the petition and remand.
This court has jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). “A determination that an alien lacks good moral character that is based upon a finding that the applicant falls into one of the ‘per se exclusion categories’ of 8 U.S.C. § 1101 (f) ... is not a discretionary decision and therefore does not strip this court of jurisdiction to review a denial of cancellation of removal.” Gomez-Lopez v. Ashcroft, 393 F.3d 882, 884 (9th Cir.2005).
“We review for substantial evidence a finding of statutory ineligibility for suspension of deportation based on a lack of good moral character.” Ramos v. I.N.S., 246 F.3d 1264, 1266 (9th Cir.2001).