Salehe Kaumbwa v. Eric H. Holder, Jr., No. 12-1407 (8th Cir. 2012)

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Court Description: Petition for Review - Immigration. Finding that petitioner had falsely represented himself as a U.S. citizen in order to obtain employment, thereby rendering him ineligible for adjustment of status, was supported by substantial evidence. [ October 25, 2012

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1407 ___________________________ Salehe Mohamed Kaumbwa lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: October 18, 2012 Filed: October 26, 2012 [Unpublished] ____________ Before MURPHY, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Salehe Mohamed Kaumbwa petitions for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge s decision that he was ineligible for adjustment of status. After careful review, we find no basis for reversal. In particular, we conclude that the BIA s finding that Kaumbwa had falsely represented himself as a United States citizen in order to obtain employment was supported by substantial evidence on the administrative record as a whole, and that the BIA properly applied the law to its findings in deciding Kaumbwa was ineligible for adjustment of status. See Rodriguez v. Mukasey, 519 F.3d 773, 776-77 (8th Cir. 2008) (standard of review; an alien who marks the citizen or national of the United States box on a Form I-9 for the purpose of falsely representing himself as a citizen to secure employment with a private employer has falsely represented himself for a benefit or purpose under immigration law, and is ineligible for adjustment of status). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2-

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