Luis Estrada-Rosales v. Loretta E. Lynch

MEMORANDUM

Luis Alfonso Estrada-Rosales, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying cancellation of removal, and determining that Estrada-Rosales abandoned his application for asylum, withholding of removal, and protection under the Convention Against Torture, Our jurisdiction is governed by 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). We review for abuse of.discretion the decision to deem an application waived, and the denial of a motion to remand. Taggar v. Holder, 736 F.3d 886, 889 (9th Cir. 2013). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Estrada-Rosales failed to establish the requisite continuous physical presence for cancellation of removal, where he testified repeatedly that he departed the United States for a period of more than 90 days during the statutory period. See 8 U.S.C. § 1229b(b)(1)(A), (d)(2) (a departure in…