Talioaga

MEMORANDUM **

Petitioner Norlito Gabot Talioaga (“Talioaga”) underwent a standard medical examination when he applied for an immigrant visa on October 5, 1999. Talioaga told Dr. Arsenio C. Cantos during a physical examination, and Dr. Merlina P. Abad at a subsequent psychiatric examination, that he used marijuana and methamphetamine in the past.

The American Embassy in the Philippines issued Talioaga an immigrant visa, *614 but after admission to the United States, the former Immigration and Naturalization Service (“INS”) issued a Notice to Appear to Talioaga, citing his admission of past drug use in the medical examinations in the Philippines and to inspectors in Hawaii. On February 9, 2001, an Immigration Judge (“IJ”) found Talioaga removable for his prior use of marijuana and ordered him removed. On November 10, 2003, the Board of Immigration Appeals (“BIA”) dismissed Talioaga’s appeal, relying on this court’s decision in Pazcoguin v. Radcliffe, 292 F.3d 1209 (9th Cir.2002).

STANDARD OF REVIEW

“The BIA’s factual findings are reviewed for ‘substantial evidence’ and will not be overturned unless the evidence compels a contrary conclusion.” Alarcon-Serrano v. I.N.S., 220 F.3d…