Carlin-Romo

MEMORANDUM ***

Petitioner David Carlin-Romo (“Carlin”) petitions for review of the denial of his application for suspension of deportation. Carlin also requests that we remand to the Board of Immigration Appeals (“BIA”) so that it may consider whether he is entitled to “repapering” under section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Note to 8 U.S.C.A. § 1101 . Carlin’s case is governed by IIRIRA’s transitional rules. Kalaw v. INS, 133 F.3d 1147, 1150 . We deny the petition.

I. Suspension of Deportation

Carlin relies upon several grounds to challenge the BIA’s ruling that he is ineligible for suspension of deportation due to his failure to show seven years of continuous physical presence as required by 8 U.S.C. § 1254 (a)(l)(1994). We reject his arguments.

Carlin first asserts that his departure in 1991 did not interrupt his accumulation of time because he was absent for less than a day. In Hernandez-Luis v. INS, 869 F.2d 496, 498 (9th Cir.1989), we held that departure from the country pursuant to an order of voluntary departure interrupts the accumulation of time for the purposes of continuous physical presence. See also…