Pena-Valdovinos

Pena-Valdovinos v. Holder

Good Law
321 F. App'x 608
United States Court of Appeals for the Ninth CircuitApril 3, 2009No. 06-75761California301 words

Opinion

Lead Opinion

MEMORANDUM **

Yonic Pena-Valdovinos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order finding Pena-Valdovi-nos removable and denying his application under 8 U.S.C. § 1186a(c)(4)(B) for waiver of the joint-filing requirement to remove the conditions on his lawful permanent resident status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s factual findings, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), and de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

The IJ found Pena-Valdovinos not credible based on inconsistencies regarding his ex-wife’s involvement in his previous application under 8 U.S.C. § 1186a(c). *610 Because these inconsistencies go to the heart of the matter, and Pena-Valdovinos failed to submit evidence otherwise sufficient to corroborate his claim that the marriage was entered into in good faith, substantial evidence supports the denial of Pena-Valdovinos’ waiver application. See Oropeza-Wong v. Gonzales, 406 F.3d…

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