Sowah

*577 MEMORANDUM ***

Justice Okoe Sowah petitions for review of the decision by the Board of Immigration Appeals affirming the decision of the immigration Judge holding Sowah ineligible for adjustment of status and ordering him removed pursuant to 8 U.S.C. § 1227 (a)(3)(D). We deny the petition for review.

The IJ held Sowah inadmissible for adjustment of status under 8 U.S.C. § 1182 (a)(6)(C)(ii) on the ground that he falsely claimed U.S. citizenship. That statute declares “[a]ny alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter ... or any other Federal or State law” to be ineligible for admission. Sowah submitted a counterfeit U.S. birth certificate and misrepresented himself as a U.S. citizen on a passport application. The issuance of passports is governed by federal law. See 22 U.S.C. § 212 ; 22 C.F.R. § 51.2 (a). Even if Sowah was unsuccessful in his attempt to obtain a passport and thereby failed to receive a “benefit,” he clearly represented himself as a U.S. citizen for the “purpose” of receiving a passport. See Toro-Romero v. Ashcroft, 382 F.3d 930, 936 (9th…