Javier Ramirez Salasar v. Loretta E. Lynch

MEMORANDUM

Javier Ramirez Salasar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying cancellation of removal and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252 , We review for substantial evidence factual findings and review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). We review for abuse of discretion the denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We review for abuse of discretion the denial of a motion for a continuance. Cui v. Mukasey, 538 F.3d 1289, 1290 (9th Cir. 2008). We deny the petition for review.

The agency did not err in denying cancellation of removal for failure to establish lawful admission, where substantial evidence supports the agency’s finding that Ramirez Salasar did not perform agricultural work in the U.S. during the qualifying time period to qualify for permanent resident status under the Seasonal Agricultural Workers program. See 8 U.S.C. § 1229b(a)(1) (requiring an alien to have been “lawfully permitted for permanent residence for not…