Canela-Guerrero

Canela-Guerrero v. Ashcroft

Good Law
86 F. App'x 304
United States Court of Appeals for the Ninth CircuitJanuary 16, 2004No. 03-70976; Agency No. A77-110-864California239 words

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…

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