Jose Ballesteros Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Petitioner Jose Francisco Ballesteros Rodriguez, a native and citizen of Mexico, petitions for review of the dismissal of his appeal by the Board of Immigration Appeals (“BIA”). The Immigration Judge (“IJ”) denied his application for cancellation of removal, finding that Ballesteros Rodriguez furnished false testimony in order to obtain a benefit under the Immigration and Nationality Act (“INA”) and, pursuant to 8 U.S.C. § 1101 (f)(6), lacked good moral character. The BIA similarly concluded that Ballesteros Rodriguez failed to demonstrate good moral character and rejected his contention that he timely and voluntarily recanted his false testimony. We have jurisdiction pursuant to 8 U.S.C. § 1252 to review nondiscretionary determinations of statutory ineligibility, Gomez-Lopez v. Ashcroft, 393 F.3d 882, 884 (9th Cir.2005), and review for substantial evidence the agency’s factual findings regarding whether an applicant falls into one of the per se categories set forth in 8 U.S.C. § 1101 (f), Urzua Covarrubias v. Gonzales, 487 F.3d 742, 747 (9th Cir.2007). We deny the petition for review.

Substantial evidence supports the agency’s determination that Ballesteros Rodriguez…