Sanchez-Beltran

Sanchez-Beltran v. Gonzales

Good Law
245 F. App'x 651
United States Court of Appeals for the Ninth CircuitAugust 21, 2007No. 05-71920California263 words

Opinion

Lead Opinion

MEMORANDUM **

Leah Sanchez-Beltran, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s decision denying her application under 8 U.S.C. § 1186a(c)(4)(B) for a waiver of the requirement to file a joint petition with her former husband to remove the conditional basis of her permanent resident status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s order denying the waiver, Oropezar-Wong v. Gonzales, 406 F.3d 1135, 1147 (9th Cir.2005), and we deny the petition for review.

The BIA’s adverse credibility finding is supported by substantial evidence because it is based on inconsistencies between two documents and the testimony of Sanchez-Beltran and her brother-in-law concerning whether she co-habitated with her former husband, and Sanchez-Beltran’s explanation regarding the signature on one of the documents is undermined by the forensic expert’s testimony. See id. at 1148 .

In the absence of credible testimony, the evidence does not compel a finding that Sanchez-Beltran proved the marriage was entered into in good faith.…

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