Jose Gomez-Cruz v. Eric Holder, Jr.

MEMORANDUM

Jose Miguel Gomez-Cruz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Gomez-Cruz failed to establish eligibility for cancellation of removal because he did not demonstrate the requisite ten years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(d)(2) (departure in excess of 90 days breaks continuous physical presence). Accordingly, Gomez-Cruz’s cancellation of removal claim fails.

Substantial evidence also supports the agency’s determination that Gomez-Cruz failed to establish he was persecuted in the past or has a well-founded fear of future persecution on account of a protected ground based on his experiences of…