Rodriguez-Mancilla
Rodriguez-Mancilla v. Holder
Opinion
Opinion
MEMORANDUM
Enrique Rodríguez-Mancilla, 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 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, Landinr-Za-vala v. Gonzales, 488 F.3d 1150, 1151 (9th Cir.2007), review for abuse of discretion the denial of a motion to continue, and review de novo claims of due process violations, Sandovalr-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per cu-riam). We deny the petition for review.
Substantial evidence supports the agency’s determination that Rodríguez-Mancilla did not meet the continuous physical presence requirement because Rodriguez-Mancilla was personally served an order to show cause in 1993 and testified that he signed for voluntary departure and exited the country. See Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003) (per curiam) (a departure pursuant to an order of voluntary departure constitutes a break in continuous physical presence).…