Morales

Morales v. Gonzales

Good Law
170 F. App'x 495
United States Court of Appeals for the Ninth CircuitMarch 13, 2006No. 04-73018California299 words

Opinion

Lead Opinion

MEMORANDUM ***

Proceso Estevez Morales, his wife, Ma-tilde Romero Vega, and their minor child, Elias Estevez Romero, petition for review of (1) dismissal by the Board of Immigration Appeals (BIA) of their appeal of the immigration judge’s denial of their application for cancellation of removal based on failure to establish ten years of continuous physical presence in the United States; and (2) the BIA’s denial of their motion to remand for consideration of new evidence of hardship in light of petitioners’ failure to meet the continuous physical presence requirement. We deny the petition for review.

Substantial evidence supports the BIA’s determination that petitioners failed to establish continuous physical presence in the United States from April 1991 to April 3, 2001, when they were served with the Notice to Appear. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004); see also 8 U.S.C. § 1229b(b)(1)(A); id. § 1229b(d)(l). Petitioners offered contradictory evidence regarding the date of their arrival in the United States and thus failed to establish their presence in the United States before mid-1992.

Because petitioners did not demonstrate ten years’ continuous…

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