Galindez-Jaimes

Galindez-Jaimes v. Ashcroft

Good Law
104 F. App'x 64
United States Court of Appeals for the Ninth CircuitJuly 16, 2004No. 03-71235California338 words

Opinion

Lead Opinion

MEMORANDUM **

Leticia Galindez-Jaimes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the decision that an applicant has failed to establish ten years of continuous physical presence in the United States. See Vera-Villegas v. INS, 330 F.3d 1222, 1230 (9th Cir.2003). We deny the petition.

Contrary to Galindez-Jaimes’s contention, the IJ correctly concluded that Galin-dez-Jaimes’s period of continuous physical presence for cancellation of removal eligibility ended when she was served with a notice to appear. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 598 (9th Cir.2002); see also 8 U.S.C. § 1229b(d)(l) (“any period of continuous residence or continuous physical presence in the United States shall be deemed to end ... when the alien is served a notice to appear.”).

Galindez-Jaimes’s regulatory challenge to the BIA’s decision to streamline her case fails because the result of the IJ’s decision was correct, there were no errors in the…

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