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Samuel Mburu v. Loretta Lynch
670 F. App'x 770
| 4th Cir. | 2016
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*1 Before TRAXLER, FLOYD, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Japheth N. Matemu, MATEMU LAW OFFICE P.C., Raleigh, North Carolina, for Petitioner. Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Linda S. Wernery, Assistant Director, William C. Minick, Trial Attorney, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. *2 PER CURIAM:

Samuel Ndungu Mburu, a native and citizen of Kenya, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the immigration judge’s decision finding him inadmissible and thus ineligible for adjustment of status. Mburu “bears the burden of proving that he clearly and beyond doubt is not inadmissible” under the false claim bar of 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012). Dakura v. Holder, 772 F.3d 994, 998 (4th Cir. 2014) (alteration and internal quotation marks omitted). Based on our review of the record, we conclude that substantial evidence supports the agency’s finding that Mburu failed to credibly establish that he is not inadmissible for falsely representing himself to be a citizen of the United States. We therefore deny the petition for review for the reasons stated by the Board. In re Mburu (B.I.A. Oct. 26, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

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Case Details

Case Name: Samuel Mburu v. Loretta Lynch
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Nov 21, 2016
Citation: 670 F. App'x 770
Docket Number: 15-2483
Court Abbreviation: 4th Cir.
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