Israel Ramon v. Eric Holder, Jr.

MEMORANDUM

Israel Ramirez Ramon, 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. 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 we deny the petition for review.

The agency properly concluded that Ramirez Ramon was ineligible for cancellation of removal because he lacked seven years of continuous residence in the United States after being “admitted in any status.” See 8 U.S.C. § 1229b(a)(2); see also Vasquez de Alcantar, 645 F.3d at 1103 (filing an application for adjustment of status does not confer admission); Guevara v. Holder, 649 F.3d 1086, 1094 (9th Cir.2011) (a grant of work authorization does not confer admission).

Ramirez Ramon’s contention that the BIA violated his right to due process by denying his motion to accept a late-filed brief fails because he has not established prejudice resulting from the alleged violation. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (to establish prejudice in…