Banna v. Holder

FILED NOT FOR PUBLICATION OCT 06 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MUFEED KALED BANNA, No. 06-71238 Petitioner, Agency No. A075-118-171 v. MEMORANDUM * ERIC H. HOLDER JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 4, 2010** San Francisco, California Before: BEEZER, KLEINFELD, and GRABER, Circuit Judges. Mufeed Kaled Banna, a native and citizen of Israel, petitions for review of the Board of Immigration Appeals’ ("BIA") order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). the BIA’s "good moral character" determination, Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001), and we deny the petition for review. Substantial evidence supports the BIA’s determination that Banna provided false testimony for the purpose of obtaining an immigration benefit and, therefore, that he lacks the good moral character required for cancellation of removal. See 8 U.S.C. § 1101(f)(6); Ramos, 246 F.3d at 1266; see also Bernal v. INS, 154 F.3d 1020, 1023 (9th Cir. 1998) ("An applicant’s false oral statements made under oath in a question-and-answer statement before an INS officer in connection with any stage of the processing of a visa constitute false testimony within the meaning of 8 U.S.C. § 1101(f)(6)."). The record does not support Banna’s remaining contentions. PETITION DENIED. 2