Garcia-Moreno

MEMORANDUM ***

Vicente Garcia-Moreno, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) holding that he was not eligible for suspension of deportation under former § 244(a)(1) of the Immigration and Naturalization Act, 8 U.S.C. § 1254 (a)(1) (1994). 1 Garcia-Moreno asserts two grounds for reversal: (1) the finding that he had not been continuously present in the United States for seven years prior to the issuance of an Order to Show Cause was not supported by substantial evidence; and (2) the stop-time rule, created by § 309(c)(5)(A) of the Illegal Immigration Reform and Individual Responsibility Act (“IIRIRA”) and modified by the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), violates equal protection. 2 Because we find that there was substantial evidence to support the BIA’s holding and because this court has already held that the stop-time rule does not violate equal protection, we deny the petition for review.

Garcicir-Moreno’s continuous presence

To be eligible for suspension of deportation, Garcia-Moreno must show that he was continuously present in the United States for seven years…