Anthony Maloney v. Eric H. Holder Jr., No. 08-72522 (9th Cir. 2010)

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FILED SEP 02 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ANTHONY JOHN MALONEY, Petitioner, No. 08-72522 Agency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

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