Juan Hernandez Rea v. Eric H. Holder Jr.

Good Law
517 F. App'x 568
United States Court of Appeals for the Ninth CircuitApril 24, 201308-74794California452 words

Opinion

Opinion

MEMORANDUM

Petitioner Juan Hernandez Rea petitions for review of the Board of Immigra tion Appeals’ decision denying his application for cancellation of removal and its decision denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Petitioner challenges the IJ’s and BIA’s conclusions that he does not qualify as a “person of good moral character” as required for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(B). Petitioner does not dispute that he made misrepresentations regarding his address on the three occasions that both the IJ and the BIA identified; rather, he claims that the misrepresentations do not meet the standard set forth in 8 U.S.C. § 1101 (f)(6). Section 1101(f)(6) mandates that “[n]o person shall be ... found to be[ ] a person of good moral character who ... has given false testimony for the purpose of obtaining any [immigration] benefits.” Here, substantial evidence supports the IJ’s and the BIA’s determinations that all three of petitioner’s misrepresentations were “oral statements made under oath,” and were “made with the subjective intent of obtaining immigration benefits.” Kungys v. United States, 485…

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