Rangel

Rangel v. Gonzales

Good Law
171 F. App'x 25
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-73980California368 words

Opinion

Lead Opinion

MEMORANDUM **

Merced J. Ramirez Rangel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We have jurisdiction 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), and we deny the petition for review.

Substantial evidence supports the agency’s conclusion that Ramirez Rangel is statutorily ineligible for cancellation of removal because he failed to demonstrate that he had accrued ten years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(b)(l)(A); Hemandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1162 (9th Cir.2002). Ramirez Rangel’s failure to provide a consistent and coherent account as to the date of birth of his son in Mexico raised serious questions regarding whether Ramirez Rangel was present in the United States continuously since his alleged arrival in 1986. Ramirez

*27 Rangel has failed to point to any record evidence that would compel a contrary finding. See Aruta v. INS, 80 F.3d 1389, 1393 (9th…

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