Ernesto Martinez v. Loretta E. Lynch

MEMORANDUM

Ernesto Martinez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gomales, 453 F.3d 1182, 1184-84 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.

We do not consider the extra-record documents because our review is limited to the record underlying the agency’s decision. See Fisher v. I.N.S., 79 F.3d 955 , 963 (9th Cir. 1996) (en banc).

Substantial evidence supports the BIA’s conclusion that Martinez is ineligible for cancellation of removal because he failed to establish the requisite 10 years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(d)(1); Garcia-Ramirez v. Gonzales, 423 F.3d 935 , 937 n.3 (9th Cir. 2005) (an applicant’s accrual of continuous physical presence ends when removal proceedings are commenced through…