Juan Sanchez-Ramirez v. Jefferson Sessions

707 F. App'x 870

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 20, 2017
• Docket: 15-73040
• Status: Unpublished

Opinion

MEMORANDUM **

Juan Carlos Sanchez-Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s findings of fact. Valadez-Munoz v. Holder, 623 F.3d 1304, 1308 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s denial of adjustment of status, where Sanchez-Ramirez’s testimony established that he made a false claim of United States citizenship to the California Department of Motor Vehicles to procure a driver’s license and is therefore inadmissible. See 8 U.S.C. §§ 1182(a)(6)(C)(ii), 1265(1), 1229a(c)(2)(A); Valadez-Munoz, 623 F.3d at 1308-09 (use of United States birth certificate to erroneously obtain a benefit constitutes a false claim of United States citizenship); Siewe v. Gonzales, 480 F.3d 160, 168 (2d Cir. 2007) (“so long as there is a basis in the evidence for a challenged inference, we do not question whether a different inference was available or more likely.”).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.