MEMORANDUM **

Ramonito Biong Roboca petitions for review of the Board of Immigration Appeals’s (“BIA’s”) decision finding him removable for (1) overstaying his temporary visa and (2) making a false claim of citizenship. The government having exercised its discretion to charge petitioner in a way that compels inadmissibility and ineligibility for waiver of inadmissibility, we deny the petition for review.

“Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act ... or any Federal or State law” is deportable, 8 U.S.C. § 1227(a)(3)(D), and inadmissible. 8 U.S.C. § 1182(a)(6)(C)(ii). Roboca’s conviction under 18 U.S.C. § 1028(a)(4) for “knowingly and willfully possessing a false identification document ... with the intent to use that document to defraud the United States,” together with his statements in his plea agreement that he applied for a United States passport with a birth certificate he knew to be false, in order to obtain the passport, and his sworn testimony before the IJ that he falsely represented himself to be a United States citizen to obtain the passport, establish a false claim of citizenship under § 1227(a)(3)(D) and § 1182(a)(6)(C)(ii). There is no waiver of inadmissibility for falsely claiming citizenship. See 8 U.S.C. § 1182(1); Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir. 2000).

PETITION DENIED.