Miranda

MEMORANDUM ***

Clemente Nava Miranda and his wife Maribel Oliveros Oliveros, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the physical presence determination for substantial evidence, see Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and an agency’s application of a statute de novo, see Lafarga v. INS, 170 F.3d 1213, 1215 (9th Cir.1999). We deny the petition for review.

Substantial evidence supports the IJ’s determination that petitioners did not establish the ten years of continuous physical presence necessary to qualify for cancellation of removal because both petitioners testified that they were out of the country for almost five months in 1997. See 8 U.S.C. § 1229b(d)(2) (stating that any ab *91 sence longer than ninety days constitutes a break in continuous presence).

The BIA properly refused to consider petitioners’ argument, raised for the first time on appeal, that their nervousness caused them to testify incorrectly…