Gomez-Jimenez

Gomez-Jimenez v. Ashcroft

Good Law
115 F. App'x 378
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-72802; Agency No. A91-500-361California234 words

Opinion

Lead Opinion

MEMORANDUM **

Ricardo Gomez-Jimenez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) order of removal. We have *379 jurisdiction pursuant to 8 U.S.C. § 1252 . We review questions of law de novo, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004), and factual findings for substantial evidence, Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004). We deny the petition for review.

Gomez-Jimenez’s contention that his convictions for petty theft are not crimes of moral turpitude is foreclosed by United States v. Esparza-Ponce, 193 F.3d 1133, 1135-37 (9th Cir.1999). Our decision in U.S. v. Corona-Sanchez, 291 F.3d 1201 (9th Cir.2002) is not to the contrary.

Substantial evidence supports the IJ’s determination that Gomez-Jimenez was ineligible for cancellation of removal because Gomez-Jimenez did not demonstrate that he had continuously resided in the United States during the relevant seven year period. See 8 U.S.C. § 1229b(a)(2); see also Matter of Blancas-Lara, 23 I. & N. Dec. 458, 460 (BIA 2002) (defining residence for purposes of 8 U.S.C. § 1229b(a)(2) as an alien’s…

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