Anthony Maloney v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTHONY JOHN MALONEY, No. 08-72522
Petitioner, Agency No. A098-570-977
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 10, 2010 **
Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges.
Anthony John Maloney, a native and citizen of Trinidad and Tobago,
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 de
*
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).
novo questions of law, and review for substantial evidence the agency’s findings of
fact. Blanco v. Mukasey, 518 F.3d 714, 718 (9th Cir. 2008). We deny the petition
for review.
Contrary to Maloney’s contention, a verbal statement is not necessary in
making a false claim to citizenship. See 8 U.S.C. § 1182(a)(6)(C)(ii)
(inadmissibility for false representation of a United States citizen). Substantial
evidence therefore supports the agency’s determination that Maloney is
inadmissible, and thus ineligible for adjustment of status, where the record
evidence indicates he made a false claim to United States citizenship to gain entry
into the United States. See Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir. 2000)
(admission to using a false birth certificate when trying to enter the United States
was sufficient to establish inadmissibility under 8 U.S.C. § 1182(a)(6)(C)(ii)).
PETITION FOR REVIEW DENIED.
2 08-72522