Miguel Dimas-Perez v. Loretta E. Lynch

MEMORANDUM

Miguel Dimas-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision pretermitting his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence determination, Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008), and review de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Dimas-Perez knowingly and voluntarily accepted administrative voluntary departure in 2010 in lieu of removal proceedings, where he does not dispute that he signed the administrative voluntary departure agreement, Form 1-826, that stated he was giving up the right to a hearing before an immigration judge. See Gutierrez, 521 F.3d at 1117-18 (requiring some evidence that the alien was informed of and accepted the terms of the voluntary departure agreement); cf. Ibarra-Flores v. Gonzales, 439 F.3d 614, 619-20 (9th Cir.…