Garcia-Vasquez

MEMORANDUM **

Petitioner Jose Guadalupe Garcia-Vasquez (“Garcia-Vasquez”), a native and citizen of Mexico, appeals the Board of Immigration Appeal’s (the “Board’s”) rejection of his application for cancellation of removal. Garcia-Vasquez entered the United States illegally on January 1, 1990 near San Ysidro, California. On November 19, 1999, the Immigration and Naturalization Service (“INS”) served him with a notice to appear in removal proceedings. On June 1, 2000, Garcia-Vasquez filed his application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1), but the immigration judge rejected his application for cancellation of removal, finding Garcia-Vasquez statutorily ineligible because the service of the notice to appear ended his continuous physical presence in the United States under 8 U.S.C. § 1229b(d)(1) before ten years had passed since his entry. The Board affirmed. Garcia-Vasquez now argues that 8 U.S.C. § 1229b(b)(1)(A) directly conflicts with 8 U.S.C. § 1229b(d)(1).

We have jurisdiction under 8 U.S.C. § 1252 . The Board’s interpretation and application of immigration laws is reviewed de novo. Andreiu v. Ashcroft, 253 F.3d 477, 482 (9th Cir.2001) (en banc).…