Banna, et al v. Holder, No. 06-71238 (9th Cir. 2010)

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FILED OCT 06 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MUFEED KALED BANNA, No. 06-71238 Agency No. A075-118-171 Petitioner, 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

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