Ramirez-Gutierrez

Ramirez-Gutierrez v. Holder

Good Law
458 F. App'x 585
United States Court of Appeals for the Ninth CircuitNovember 1, 201107-72291California266 words

Opinion

Opinion

MEMORANDUM

Ricardo Ramirez-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for a waiver under Section 212(h) of the Immigration and Nationality Act. Our jurisdiction is governed by 8 U.S.C. § 1252 . We 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.

Ramirez-Gutierrez’s contention that he began lawfully residing continually in the United States when he took steps to establish substantial ties in the United States is unpersuasive. See 8 U.S.C. § 1182 (h) (an alien previously admitted for lawful permanent residence is ineligible for a 212(h) waiver if the alien has not “lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States”).

We lack jurisdiction over Ramirez-Gutierrez’s contention that he began accruing lawful continuous residence when he filed his 1-130 petition because he did not raise the…

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