Artero-Tovar
Artero-Tovar v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Jose Luis Artero-Tovar, a native and citizen of El Salvador, petitions pro se for review of an order of the Board of Immigration Appeals (“Board”) affirming without opinion an immigration judge’s denial of his applications for cancellation of removal under Section 203 of the Nicaraguan Adjustment and Central American Relief Act, and for voluntary departure. We vacate and remand in part, and dismiss in part the petition for review.
The immigration judge denied his application for cancellation of removal on three independent grounds: (1) that Artero-Tovar is statutorily ineligible because he failed to establish seven years of continuous physical presence; (2) that Artero-Tovar is statutorily ineligible because his presumption of extreme hardship was overcome by evidence in the record; and (3) that even if Artero-Tovar were eligible, he is not entitled to a discretionary grant of relief. The Board affirmed without opinion.
We have jurisdiction to review whether an alien has met the continuous physical presence requirement, Falcon Carriche v. Ashcroft, 350 F.3d 845, 853 (9th Cir.2003), but we do not have jurisdiction to review whether an alien has satisfied the…