Mier-Fiorito

MEMORANDUM **

Jorge Omar Mier-Fiorito (Mier-Fiorito), petitions for review of a decision of the Board of Immigration Appeals (BIA), dismissing his appeal from a decision by an Immigration Judge (IJ), in which he was found to be removable as an overstay under 8 U.S.C. § 1227 (a)(1)(B). Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition.

We review the BIA’s findings of fact for substantial evidence. Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004). “We review the BIA’s determination of purely legal questions regarding the Immigration and Nationality Act de novo.” Kankamalage v. INS, 335 F.3d 858, 861 (9th Cir.2003). “We give deference ... [and][w]e must give controlling weight to the Board’s interpretation of immigration regulations unless [the interpretation] is plainly erroneous or inconsistent with the regulation.” Chuyon Yon Hong v. Mukasey, 518 F.3d *538 1030, 1034 (9th Cir.2008) (internal citations and internal quotation marks omitted).

Whether The INS Can Charge Mier-Fiorito With Overstaying His Visa When…