NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVERTH OSVALDO-MARTINEZ, AKA No. 13-74164
Euerth O. Martinez, AKA Everth Osvalso
Martinez, Agency No. A094-457-849
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Everth Osvaldo-Martinez, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying special rule cancellation of removal under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). We
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, and we review de novo questions of law. Najmabadi v.
Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The agency did not err in determining that Osvaldo-Martinez was statutorily
barred from establishing the good moral character required for special rule
cancellation under NACARA, where substantial evidence supports the agency’s
finding that he provided false testimony about the details of the incident leading to
his 2005 arrest in order to obtain immigration benefits. See 8 U.S.C. § 1101(f)(6);
8 C.F.R. § 1240.66(b)(3); Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001) (“For
a witness’s false testimony to preclude a finding of good moral character, the
testimony must have been made orally and under oath, and the witness must have
had a subjective intent to deceive for the purpose of obtaining immigration
benefits.”).
PETITION FOR REVIEW DENIED.
2 13-74164