From Casetext: Smarter Legal Research

Torres v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 18, 2014
No. 11-72222 (9th Cir. Aug. 18, 2014)

Opinion

No. 11-72222

08-18-2014

ESAUN TORRES, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A070-967-454 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Esaun Torres, 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 cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence determinations regarding good moral character. Urzua Covarrubias v. Gonzales, 487 F.3d 742, 747 (9th Cir. 2007). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency's determination that Torres is statutorily barred from establishing the good moral character necessary to qualify for cancellation of removal because he knowingly gave false testimony under oath at his asylum interview in 2007 with the subjective intent to obtain an immigration benefit. See 8 U.S.C. §§ 1101(f)(6), 1229b(b)(1)(B); Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001) (concluding that a petitioner who had made false statements under oath during an asylum interview had given false testimony for the purpose of obtaining immigration benefits and could therefore not establish good moral character, even though she had later withdrawn her asylum application and had admitted to the immigration judge that she had lied during the interview).

We lack jurisdiction to review Torres's remaining, unexhausted contentions. See Ramos, 246 F.3d at 1267 ("Failure to raise an argument before the BIA deprives this court of jurisdiction.").

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Torres v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 18, 2014
No. 11-72222 (9th Cir. Aug. 18, 2014)
Case details for

Torres v. Holder

Case Details

Full title:ESAUN TORRES, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 18, 2014

Citations

No. 11-72222 (9th Cir. Aug. 18, 2014)