Parra-Santos

Parra-Santos v. Ashcroft

Good Law
114 F. App'x 951
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-72744; Agency No. A76-705-185California308 words

Opinion

Lead Opinion

MEMORANDUM **

Rey Parra-Santos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we deny the petition for review.

The IJ properly concluded that ParraSantos failed to meet the ten-year continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) because he entered the United States on or about June 1, 1991, and was served with the Notice to Appear on June 30, 2000. Parra-Santos’s contention that the two statutes defining the ten-year continuous physical presence requirement, 8 U.S.C. § 1229b(b)(l)(A) and § 1229b(d)(l), create conflicting rules for calculating the end of the ten years is foreclosed by Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001) (continuous physical presence terminates upon the service of a Notice to Appear).

Petitioner’s contention that the BIA’s decision to streamline his case was impermissible under 8 C.F.R.…

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