NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 18 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARSENIO MONTOYA TIONGCO, No. 17-72896 Petitioner, Agency No. A037-373-734 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2019** Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Arsenio Montoya Tiongco, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeal’s order denying his appeal from an immigration judge’s (“IJ”) decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011). We deny the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). petition for review. The agency did not err in denying Montoya Tiongco’s motion to withdraw his previous concession of removability, where he failed to demonstrate any egregious circumstance that would warrant withdrawing his pleadings. See id. at 831-32 (describing egregious circumstances that, if present, justify relieving an alien of his attorney’s admissions). Accordingly, the agency did not err in sustaining the removability charge. See Barragan-Lopez v. Mukasey, 508 F.3d 899, 905 (9th Cir. 2007) (because petitioner’s admissions at pleadings stage constitute clear, convincing, and unequivocal evidence of removability, the government met its evidentiary burden of demonstrating removability). Montoya Tiongco’s contention that the IJ erroneously relied on testimony at the relief stage to establish the removability charge is not supported by the record. PETITION FOR REVIEW DENIED. 2 17-72896 17-72896 Court of Appeals for the Ninth Circuit ca9 9th Cir. Arsenio Montoya Tiongco v. William Barr 18 October 2019 Agency Unpublished 6d6b5c6f2334e5839199dd969cd5f4af94abf8f3
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