Carlos Fuentes Aguilar v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS FUENTES AGUILAR,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70835
Agency No. A097-607-290
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges
Carlos Fuentes Aguilar, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s final order of removal. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review de novo questions of law, Abdisalan v.
FILED
JAN 27 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Holder, 774 F.3d 517, 521 (9th Cir. 2014) (en banc), and deny in part and dismiss
in part the petition for review.
We lack jurisdiction to review the BIA’s factual determination that Fuentes
Aguilar failed to demonstrate eligibility for voluntary departure by clear and
convincing evidence. See 8 U.S.C. § 1229c(f); Corro-Barragan v. Holder, 718
F.3d 1174, 1177 (9th Cir. 2013) (this court’s jurisdiction over decisions regarding
post-conclusion voluntary departure is limited to constitutional claims or questions
of law).
To the extent Fuentes Aguilar contends that the agency erred as a matter of
law by considering his false testimony regarding his military service or his
statement regarding caring for his children to determine whether he demonstrated
the requisite intent to voluntarily depart, his contention lacks merit. The agency
properly applied the correct legal standard and considered appropriate factors in
assessing Fuentes Aguilar’s eligibility for voluntary departure. See 8 U.S.C.
§ 1229c(b)(1)(D) (voluntary departure may be granted if, inter alia, the alien has
established by clear and convincing evidence that the alien has the means to depart
the United States and has the intent to do so); 8 U.S.C. § 1158(b)(1)(B)(iii), as
amended by § 101(a)(3) of the REAL ID Act, Pub.L. No. 109-13, 119 Stat. 231,
303 (2005) (the agency may consider any falsehood in determining a petitioner’s
14-70835 2

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credibility); see Singh v. Holder, 643 F.3d 1178, 1181 (9th Cir. 2011) (“An []
applicant who lies to immigration authorities casts doubt on his credibility and the
rest of his story.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
14-70835 3

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