Montanez-Mosqueda

Montanez-Mosqueda v. Gonzales

Good Law
205 F. App'x 512
United States Court of Appeals for the Ninth CircuitNovember 9, 2006No. 05-73290California279 words

Opinion

Lead Opinion

*513 MEMORANDUM **

Juan Jose Montanez-Mosqueda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s determination regarding continuous physical presence in the United States, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the adverse credibility finding because there were inconsistencies between Montanez-Mosqueda’s testimony and that of his witnesses. Cf. Vera-Villegas v. INS, 330 F.3d 1222, 1231-34 (9th Cir.2003). For instance, while Montanez-Mosqueda testified that he lived at only two addresses between 1988 and 1995, his brother testified that he could not recall where petitioner lived during that period because “he was always changing addresses.” Further, the agency properly discounted the documents that Montanez-Mosqueda submitted. Cf . id. at 1233-34 . For instance, he conceded that the pay stubs he submitted had been altered and that the rent…

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