Raya-Chavez

Raya-Chavez v. Ashcroft

Good Law
119 F. App'x 90
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-73704; Agency No. A77-850-993California321 words

Opinion

Lead Opinion

*91 MEMORANDUM **

Fermín Raya-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order affirming, without opinion, an immigration judge’s (“U”) denial of his application for cancellation of removal for failure to establish ten years of continuous physical presence. We have jurisdiction under 8 U.S.C. § 1252 . We review findings of fact for substantial evidence. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Raya-Chavez did not meet his burden of proving that he was not absent from the United States for more than 180 days during the relevant ten-year period. See 8 U.S.C. § 1229b(d)(2); Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 963 (9th Cir.2003). The record does not compel a contrary conclusion given that RayaChavez proffered inconsistent testimony regarding his numerous absences from the United States, and specifically faded to submit adequate documentary evidence to account for his presence in the United States between December 1991 and July 1992. Cf. Vera-Villegas v. INS, 330 F.3d 1222, 1234 (9th Cir.2003) (holding that…

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