Rafael Roa-Figueroa v. Eric H. Holder Jr.
Opinion
Opinion
MEMORANDUM
Rafael Roa-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dis missing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir.2011), and review for substantial evidence the agency’s factual findings, Lopez- Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We deny the petition for review.
The agency properly concluded that Roa-Figueroa was ineligible for cancellation of removal because he failed to meet the seven-year continuous physical presence requirement. See 8 U.S.C. § 1229b(a)(2), (d)(1) (requiring seven years of continuous residence after having been “admitted in any status” and stopping accrual upon service of a Notice to Appear (“NTA”)).
Substantial evidence supports the agency’s finding that Roa-Figueroa was properly served with his NTA where the signed certificate of service indicates it was personally served on him. See 8 C.F.R. § 1003.13 ; Kohli v. Gonzales, 473 F.3d 1061, 1068 (9th Cir.2007) (applying a…