Argumedo Rodriguez v. Holder

MEMORANDUM

Rosa Maria Argumedo Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence determination, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that Argumedo Rodriguez met her burden to establish continuous physical presence from 1993 to 2003. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted). In light of our disposition, we need not address Argumedo Rodriguez’s contentions regarding the IJ’s adverse credibility determination.

We need not consider Argumedo Rodriguez’s contention regarding good moral character, because her failure to establish continuous physical presence is dispositive. See 8 U.S.C. §…