Canela-Guerrero
Canela-Guerrero v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Roberto Canela-Guerrero, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals affirming pursuant to 8 C.F.R. § 3.1 (e)(4) without opinion an immigration judge’s removal order.
Petitioner contends that the immigration judge erred by failing to conduct a fair hearing to enable him to present his case for eligibility for cancellation of removal pursuant to Section 240A of the Immigration and Nationality Act, 8 U.S.C. § 1229b. We need not reach this contention because petitioner’s early-1990s administrative voluntary removal, which petitioner does not contest occurred, precludes him from establishing the ten years of continuous physical presence required for eligibility for cancellation of removal. 8 U.S.C. § 1229b(b)(l); Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 969-74 (9th Cir.2003) (per curiam) (upholding the BIA’s conclusion that administrative voluntary departure, effectuated in lieu of removal proceedings, continues after 1996 amendments to constitute a break in continuous physical presence).
Petitioner’s contention that the BIA was required to state reasons for its affirmance of the immigration judge’s decision is…