Amponin

Amponin v. Gonzales

Good Law
233 F. App'x 699
United States Court of Appeals for the Ninth CircuitMay 25, 2007No. 04-71505California676 words

Opinion

Lead Opinion

MEMORANDUM **

David Amponin gained status as lawful permanent resident by falsely claiming to be the unmarried child of a naturalized U.S. citizen. The Immigration Judge (“IJ”) found that Amponin was removable as a result of this fraud, and denied Amponin’s request for cancellation of removal, but permitted voluntary departure. The Board of Immigration Appeals (“BIA”) affirmed denial of the cancellation but re *701 voked voluntary departure. 1 Amponin argues that the BIA erred in affirming the denial of cancellation and also by revoking voluntary departure. Jurisdiction is conferred by 8 U.S.C. § 1252 . We dismiss the petition with respect to cancellation of removal, and deny with respect to voluntary departure.

We review factual findings for substantial evidence but questions of law are reviewed de novo. Lin v. Ashcroft, 377 F.3d 1014, 1023-24 (9th Cir.2004).

1. Amponin argues that the BIA erred in affirming the IJ’s decision because the IJ failed to make “comprehensive findings” regarding the nature of the fraud, citing Matter of Tijam, 22 I. & N. Dec. 408 (BIA 1998). However, Tijam does not require comprehensive findings. Tijam only required that the IJ “look at each of the…

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