Evaristo Gomez v. Loretta E. Lynch

MEMORANDUM

Evaristo Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) order pretermitting his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence determination, Ibarra-Flores v. Gonzales, 439 F.3d 614, 618 (9th Cir.2006), and review de novo constitutional claims, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Gomez failed to establish the ten years of continuous physical presence required for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(A); Juarez-Ramos v. Gonzales, 485 F.3d 509, 511-12 (9th Cir.2007) (expedited removal interrupts an alien’s continuous physical presence for cancellation purposes).

The admission of evidence pertaining to Gomez’s 1999 expedited removal order was not fundamentally unfair such that it violated his due process rights. See Sanchez v. Holder, 704 F.3d…