Diaz-Madriz

MEMORANDUM ***

Jose Diaz-Madriz, 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 denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001), we deny the petition for review.

Providing false testimony with the intent to deceive for the purpose of obtaining an immigration benefit bars a person from proving the good moral character required for cancellation of removal. See 8 U.S.C. § 1101 (f)(6); Ramos, 246 F.3d at 1266 . “Section 1106(f)(6) applies to only those misrepresentations made with the subjective intent of obtaining [immigration] benefits.” Kungys v. United States, 485 U.S. 759, 780 , 108 S.Ct. 1537 , 99 L.Ed.2d 839 (1988). Diaz-Madriz argues that the IJ erred in injecting his explanation that he lied because did not want his family to learn about his arrest. See id. at 780 , 108 S.Ct. 1537 (misrepresentations due to embarrassment, fear, or desire for privacy would not fall under § 1101(f)(6)).

However, while Diaz-Madriz explained to the IJ…