Prado-Valera

Prado-Valera v. Mukasey

Good Law
259 F. App'x 28
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 06-72156California205 words

Opinion

Lead Opinion

MEMORANDUM ***

Lilia Prado-Valera, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision determining her to be inadmissible pursuant to 8 U.S.C. § 1182 (a)(6)(C) for willfully making a material misrepresentation in order to procure an immigration benefit. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004), and deny the petition for review.

Substantial evidence supports the IJ’s determination that Prado-Valera is inadmissible under 8 U.S.C. § 1182 (a)(6)(C). Although Prado-Valera may not have initially intended to file a false asylum application, she proceeded with her asylum interview with the knowledge that the information contained in the application was false. Knowledge of the falsity of information is sufficient to establish willful misrepresentation of a material fact. See Forbes v. INS, 48 F.3d 439, 442 (9th Cir. 1995). Accordingly, substantial evidence supports the immigration judge’s conclusion that Prado-Valera is inadmissible for willfully making a material…

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