Bueno-Fernandez

Bueno-Fernandez v. Mukasey

Good Law
273 F. App'x 687
United States Court of Appeals for the Ninth CircuitApril 16, 2008No. 04-73975California733 words

Opinion

Lead Opinion

MEMORANDUM **

Fausto Antonio Bueno-Fernandez (“Bueno-Fernandez”) petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of an appeal from an Immigration Judge’s (“IJ”) order holding that he was ineligible for adjustment of status under the Cuban Adjustment Act (“CAA”). The IJ and BIA also denied Bueno-Fernandez’s application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We review the BIA’s interpretation of legal questions de novo, and review the BIA’s findings of fact, including eligibility and entitlement determinations, for sub *689 stantial evidence. Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). We dismiss the petition with respect to petitioner’s asylum claim for lack of jurisdiction, and deny all remaining claims. The parties are familiar with the facts and we do not repeat them here.

I

Bueno-Fernandez argues that the BIA erred in holding that he is inadmissible and thus ineligible for adjustment of status under the CAA. See 8 U.S.C. § 1182 (a)(6)(C)(i). The BIA held that Bueno-Fernandez “presented a false document under an assumed name when confronted by border patrol agents in 1999.” The record…

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