Bernard Quitoriano v. Eric Holder, Jr.

MEMORANDUM

1. Petitioner Bernard Quitoriano is a native and citizen of the Philippines who was found subject to removal under section 237(a)(2)(B)(I) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227 (a) (2) (B) (i), as an individual who has been convicted of three violations of a law relating to a controlled substance. The Immigration Judge (“IJ”) also denied Qui-toriano’s application for cancellation of removal under 240A(a)(2) of the INA, 8 U.S.C. § 1229b(a)(2), because he did not have the required period of continuous residence. The BIA affirmed.

2. Quitoriano does not challenge the finding that he is subject to removal, only the finding of ineligibility for cancellation of removal. To be eligible for cancellation of removal, an individual must have “resided in the United States continuously for 7 years.” 8 U.S.C. § 1229b(a)(2). By statute, “an alien ceases to accrue time toward the residency requirement when ... the alien commits one of a number of criminal offenses.” Valencia-Alvarez v. Gonzales, 469 F.3d 1319, 1324 (9th Cir.2006); 8 U.S.C. § 1229b(d)(l). Offenses that terminate continuous residence include controlled substances offenses. 8 U.S.C. § 1182…