Reza

Reza v. Ashcroft

Good Law
84 F. App'x 890
United States Court of Appeals for the Ninth CircuitDecember 19, 2003No. 02-74216; Agency No. A75-648-583California286 words

Opinion

Lead Opinion

MEMORANDUM **

Vianey Ortiz Reza, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (BIA) dismissal of her appeal from an immigration judge’s (IJ) denial of her application for cancellation of removal. See 8 U.S.C. § 1229b(b)(l)(A). We have jurisdiction to review the denial of Ortiz’s application because it involves the non-discretionary determination of whether Ortiz has shown ten years of continuous physical presence, see Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002), and we deny the petition.

The IJ found Ortiz’s evidence not credible for the purpose of determining whether she established the statutorily required ten years of continuous physical presence in the United States. The BIA agreed with the IJ’s decision for the reasons stated by the IJ. This court “review[s] the BIA’s findings of fact, including credibility findings, for substantial evidence and must uphold the BIA’s finding unless the evidence compels a contrary result.” Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003), amended by 339 F.3d 1012 (9th Cir.2003). “To the extent that the BIA adopted the findings of the IJ as its own, we treat the…

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