Remberto Chinchilla v. Eric Holder, Jr.
Remberto Chinchilla v. Eric Holder, Jr.
Opinion
*673 MEMORANDUM **
Remberto Noe Chinchilla, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Covarrubias v. Gonzales, 487 F.3d 742, 747 (9th Cir. 2007), and we deny the petition for review.
Substantial evidence supports the agency’s determination that Chinchilla provided false testimony to an immigration officer for the purpose of obtaining an immigration benefit and therefore is statutorily barred from demonstrating good moral character under 8 U.S.C. § 1101(f)(6). See Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001); see also Valadez-Munoz v. Holder, 623 F.3d 1304, 1309 (9th Cir. 2010) (doctrine of timely recantation is available to individuals who have a “momentary lapse”). Accordingly, he is ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997. See 8 C.F.R. § 1240.66(b)(3).
Because Chinchilla is statutorily barred from demonstrating good moral character he is also ineligible for voluntary departure at the conclusion of proceedings, see 8 U.S.C. § 1229c(b)(l)(B), and we therefore decline to remand for the BIA to consider his contention that the IJ erred in denying his application for voluntary departure.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.