Jose Ramirez Hernandez v. Loretta E. Lynch, No. 15-2246 (8th Cir. 2016)
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Court Description: Per Curiam - Before Loken, Murphy and Bye, Circuit Judges] Petition for Review - Immigration. The BIA did not err in denying petitioner's application for adjustment of status as he failed to meet his burden of proving he was not inadmissible; petitioner admitted presenting a birth certificate and a social security card of another in order to obtain a South Dakota ID card, and, as a result, he was inadmissible because he had falsely represented himself as a U.S. citizen for the purpose of, among other things, obtaining employment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2246 ___________________________ Jose Guadalupe Ramirez Hernandez lllllllllllllllllllllPetitioner v. Loretta E. Lynch, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: February 4, 2016 Filed: February 12, 2016 [Unpublished] ____________ Before LOKEN, MURPHY, and BYE, Circuit Judges. ____________ PER CURIAM. Mexican citizen Jose Guadalupe Ramirez Hernandez (Ramirez) petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judge’s (IJ’s) denial of his application for adjustment of status.1 When, as here, the BIA adopts and affirms the IJ’s opinion, but adds reasoning of its own, this court reviews both decisions together. See Rodriguez v. Mukasey, 519 F.3d 773, 776 (8th Cir. 2008). Ramirez bore the burden of establishing clearly and beyond doubt that he was not inadmissible, and an alien is inadmissible if he falsely represents himself as a United States citizen for the purpose of, among other things, securing employment with a private employer. See id. at 776-77. We conclude that Ramirez failed to meet his burden because he admitted presenting the birth certificate and social security card of another person so he could obtain a South Dakota nondriver identification card he could use to obtain work; and he admitted knowing he could not obtain such a card by presenting his Mexican birth certificate. See Hashmi v. Mukasey, 533 F.3d 700, 703 (8th Cir. 2008) (applying substantialevidence test to IJ’s finding that alien had not proven clearly and beyond doubt that his representation that he was a U.S. citizen was not made for purpose of securing employment; finding is supported by substantial evidence unless record would compel reasonable factfinder to reach contrary conclusion); cf. Rodriguez, 519 F.3d at 778 (petitioner obtained fraudulent documents after attempting to secure proper identification in his own name failed). The petition for review is denied. ______________________________ 1 Ramirez has waived any challenge to the denial of his application for cancellation of removal. See Wanyama v. Holder, 698 F.3d 1032, 1035 n.1 (8th Cir. 2012) (waiver of claims). -2-
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