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Valadez-Munoz v. Holder, No. 06-72510

By FindLaw Staff on October 28, 2010 6:23 PM

Petition for Review of Removal Order Denied

In Valadez-Munoz v. Holder, No. 06-72510, a petition for review of the Board of Immigration Appeals' (BIA) dismissal of petitioner's appeal from the Immigration Judge's (IJ) order of removal, the court denied the petition where 1) the BIA did not improperly determine that petitioner had "falsely represented himself . . . to be a citizen of the United States" under 8 U.S.C. section 1182(a)(6)(C)(ii)(I); and 2) the BIA did not err when it determined that petitioner could not take advantage of the timely recantation doctrine.

 

As the court wrote:  "Jose Valadez-Munoz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (BIA) dismissal of his appeal from the Immigration Judge's (IJ) order of removal. Specifically, he asserts that the BIA erred when it determined that he was removable because he had made a false claim of United States citizenship, he was not entitled to cancellation of removal due to a break in his continuous physical presence in the United States. We deny the petition."

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