Imelda Diaz Rico Sanchez; Jorge Sanchez De La Torre v. ERIC H. HOLDER Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IMELDA DIAZ RICO SANCHEZ;
JORGE SANCHEZ DE LA TORRE,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
Nos. 07-73681
07-73682
Agency Nos. A096-339-602
A096-339-601
MEMORANDUM*
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
In these consolidated petitions for review, Imelda Diaz Rico Sanchez and
Jorge Sanchez De La Torre, natives and citizens of Mexico, petition for review of
the Board of Immigration Appeals’ orders dismissing their appeals from an
immigration judge’s decisions denying their applications for cancellation of
FILED
APR 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for
substantial evidence the agency’s continuous physical presence and good moral
character determinations, Ibarra-Flores v. Gonzales, 439 F.3d 614, 618 (9th Cir.
2006); Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001). We deny the petitions
for review.
Substantial evidence supports the agency’s adverse credibility finding
because Diaz Rico Sanchez’s testimony regarding her date of entry to the United
States was inconsistent with her testimony regarding her dates of schooling and
with her witness’ testimony regarding where the witness met Diaz Rico Sanchez
upon entry. Cf. Vera-Villegas v. INS, 330 F.3d 1222, 1231-34 (9th Cir. 2003).
Moreover, Diaz Rico Sanchez failed to provide sufficient supporting
documentation or witnesses attesting to her presence prior to 1994. See
Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001) (holding that an IJ may
require documentary evidence when she either does not believe an applicant or
does not know what to believe). The agency therefore properly concluded that
Diaz Rico Sanchez did not meet her burden to establish continuous physical
presence. See 8 U.S.C. § 1229b(b)(1)(A).
Substantial evidence supports the agency’s conclusion that Sanchez De La
Torre failed to meet his burden of demonstrating good moral character. See 8

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C.F.R. § 1240.8 (petitioner bears the burden of proof if the evidence indicates that
one or more of the grounds for the mandatory denial of the application for relief
may apply). Sanchez De La Torre admitted that he lied to procure a border
crossing card and failed to establish that this occurred before the relevant time
period for demonstrating good moral character or that he was not under oath. See 8
U.S.C. § 1101(f)(6) (no person shall be found to be a person of good moral
character who has given false testimony for the purpose of obtaining any
immigration benefits).
PETITIONS FOR REVIEW DENIED.

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