Vargas-Perez

Vargas-Perez v. Gonzales

Good Law
167 F. App'x 638
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 04-73076California285 words

Opinion

Lead Opinion

*639 MEMORANDUM **

Gregorio Vargas-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying his application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for substantial evidence. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s determination that Vargas-Perez failed to prove the requisite seven years of continuous physical residence in the United States to qualify for cancellation of removal. See 8 U.S.C. § 1229b(a)(2); 8 U.S.C. § 1101 (a)(33) (“The term ‘residence’ means place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.”); Alcarez-Garcia v. Ashcroft, 293 F.3d 1155, 1157-58 (9th Cir.2002) (noting that “residence” for immigration purposes is where petitioner “was physically present”).

Vargas-Perez contends the IJ violated his due process rights by considering only the residence issue, and not the…

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