Burgos-Castillo

MEMORANDUM **

Burgos-Castillo, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) finding him statutorily ineligible for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1101 (a)(47)(b)(I) (1999). We deny the petition.

I

Burgos-Castillo is statutorily ineligible for cancellation of removal because he failed to meet the continuous physical presence requirement. 8 U.S.C. § 1229b(b)(A), Ram v. INS, 243 F.3d 510, 513 (9th Cir.2001). Burgos-Castillo, according to his own testimony, entered the United States on June 21, 1987 and re *926 eeived a Notice to Appear on June 13, 1997. Service of the Notice to Appear terminates a period of continuous presence. Thus, Burgos-Castillo cannot meet the ten-year requirement.

Burgos-Castillo’s reliance on Kamheangpatiyooth v. INS, 597 F.2d 1253 (9th Cir.1979), to support a claim of substantial compliance with the statutory period is unavailing. Id. at 1256 . There we held that the petitioner substantially complied with the “continuous” portion of the requirement, because the one month visit to his dying mother’s Thailand bedside did not undermine his commitment to…