Vega-Sanchez

Vega-Sanchez v. Ashcroft

Good Law
97 F. App'x 152
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 02-73903California346 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Guillermo Vega-Sanchez, a native and citizen of Mexico, petitions pro se *153 for review of the Board of Immigration Appeals’ (“BIA”) per curiam affirmance of the immigration judge’s decision that Vega-Sanchez abandoned his opportunity to file an application for cancellation of removal. The BIA also denied Vega-Sanchez’s motion to reopen and remand to apply for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 (a). We review the BIA’s decision for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We review de novo claims of due process violations in removal proceedings. See Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We deny the petition for review in part, and dismiss it in part.

The BIA did not abuse its discretion in refusing to reopen Vega-Sanchez’s case because it correctly determined that Vega-Sanchez failed to establish the threshold statutory requirement of ten years continuous physical presence to qualify for cancellation of removal. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). Similarly, contrary to Vega-Sanchez’s contention, the format and content of the BIA’s order did not…

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