Perez-Valencia

MEMORANDUM *

Sergio Perez-Valencia petitions for review of the Board of Immigration Appeals’s final order of removal. We have jurisdiction over the petition for review pursuant to 8 U.S.C. § 1252 (a)(1) and review the immigration judge’s decision as the final agency decision. Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004). We review questions of law de novo, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004), and factual findings for substantial evidence. Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004). The petition for review is denied, in part, and dismissed, in part.

The immigration judge found that Perez-Valencia procured his 1994 visa and admission by willfully misrepresenting two material facts: his prior conviction and his prior deportation. Perez-Valencia was thus removable pursuant to 8 U.S.C. § 1227 (a)(1)(A) as inadmissible under 8 U.S.C. § 1182 (a)(6)(C)®. Perez-Valencia argues, first, that the documents in the record are insufficient to establish the misrepresentation, and second, that he disclosed his 1988 California conviction for child molesting during a medical evaluation. The government must prove by “clear, unequivocal and convincing”…