Zenteno

Zenteno v. Ashcroft

Good Law
109 F. App'x 876
United States Court of Appeals for the Ninth CircuitSeptember 21, 2004No. 02-73805California303 words

Opinion

Lead Opinion

MEMORANDUM **

Alejandro Zenteno, his wife, and their four minor children, all natives and citizens of Mexico, petition pro se for review of the order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) decision denying their applications for suspension of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the petitioners’ constitutional challenges de novo, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we review for substantial evidence the determination that the minor petitioners failed to satisfy the physical presence requirement, Kalaw, 133 F.3d at 1151 . We deny the petition for review.

The stop-time rule applies to aliens applying for suspension of deportation under the Illegal Immigration Reform and Immigrant Responsibility Act’s transitional rules, and the retroactive application of the stop-time rule is constitutional. See Ram, 243 F.3d at 516-17 . Furthermore, because substantial evidence supports the IJ’s conclusion that the minor petitioners did not establish seven years continuous presence, the IJ was not required to consider the remaining…

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