Padilla Nicasio v. Holder

Good Law
373 F. App'x 817
United States Court of Appeals for the Ninth CircuitApril 12, 201007-72372California269 words

Opinion

Opinion

MEMORANDUM

Jose Trinidad Padilla Nicasio and Martha Alicia Padilla Servin, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dismissing them appeal from an immigration judge’s (“IJ”) decision denying their applications 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 for abuse of discretion the denial of a motion to continue, Barapind v. Reno, 225 F.3d 1100, 1113 (9th Cir.2000), and we deny the petition for review.

The record does not compel the conclusion that petitioners met their burden to establish continuous physical presence from 1992 to 2002. 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 petitioners’ contentions regarding the IJ’s adverse credibility determination.

The IJ did not abuse his…

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