Gerardo Garcia Lopez v. Eric Holder, Jr.

MEMORANDUM

Gerardo Garcia Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal and his motion for a continuance, and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence finding. Landin-Zavala v. Gonzales, 488 F.3d 1150, 1151 (9th Cir.2007). We review for abuse of discretion the denial of a request for a continuance and the denial of a motion to reopen or remand. Sandoval-Luna v, Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We review de novo due process claims. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s finding that Garcia Lopez failed to establish the requisite ten years of continuous physical presence for cancellation of removal at the time he was served with his Notice to Appear. See 8 U.S.C. § 1229b(b)(l)(A), (d)(1).

The agency did not abuse its…