FILED
NOT FOR PUBLICATION AUG 04 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RIGOBERTO MENDOZA-PALACIOS, No. 13-72952
Petitioner, Agency No. A200-630-205
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Rigoberto Mendoza-Palacios, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his applications for cancellation of
removal and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252.
*
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).
We review for substantial evidence determinations regarding good moral character.
Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001). We deny in part and dismiss
in part the petition for review.
Substantial evidence supports the agency’s determination that Mendoza-
Palacios is statutorily barred from establishing the good moral character necessary
to qualify for cancellation of removal, where he gave false testimony under oath in
immigration court with the subjective intent to obtain an immigration benefit. See
8 U.S.C. §§ 1101(f)(6), 1229b(b)(1)(B); Ramos, 246 F.3d at 1266.
We lack jurisdiction to consider Mendoza-Palacios’s unexhausted contention
that he timely recanted his false testimony. Id. at 1266-67 (“Failure to raise an
argument before the BIA deprives this court of jurisdiction.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 13-72952