Molina-Reyna

MEMORANDUM

Oscar Ricardo Molina-Reyna (Molina), a native and citizen of Guatemala, petitions for review of the BIA’s denial of cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition.

The BIA properly concluded that Molina did not qualify for cancellation of removal under 8 U.S.C. § 1229b(a) because he had not “resided in the United States for [seven] years after being admitted in any status.” There is no dispute that Molina does not meet the statutory definition of “admitted,” because he entered without inspection or authorization. See Guevara v. Holder, 649 F.3d 1086, 1090-91 (9th Cir.2011). Molina’s filing of an application for asylum did not render him “admitted in any status” under § 1229b(a). His application merely established the future possibility of admission and status. See Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1102 (9th Cir.2011). That he was able to reside here pending the adjudication of his application does not mean he was admitted. Section 1229b(a) requires both residence and admission, and his residence was merely “tolerated ... [but] has not been legitimated by any affirmative act.” See Sudomir v. McMahon, 767 F.2d…