Remberto Chinchilla v. Eric Holder, Jr. , 417 F. App'x 672 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 02 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REMBERTO NOE CHINCHILLA, No. 09-70458
Petitioner, Agency No. A072-401-432
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
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,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Covarrubias v. Gonzales, 487 F3d 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)(1)(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.
2 09-70458