Martinez-Romano

Martinez-Romano v. Gonzales

Good Law
171 F. App'x 55
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-70759California301 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Martinez-Romano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming 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 de novo questions of law, Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and we deny the petition for review.

Martinez-Romano contends that 8 U.S.C. § 1229b(d)(l), providing that the accrual of physical presence stops upon service of the notice to appear, conflicts with 8 U.S.C. § 1229b(b)(l)(A), providing that an alien must prove ten years of continuous physical presence immediately preceding an application for cancellation of removal. Martinez-Romano further contends that he should have continued to accrue physical presence until he filed his cancellation of removal application despite the intervening service of the notice to appear. We reject Martinez-Romano’s contention because it would render 8 U.S.C. § 1229b(d)(l) meaningless. See Padash v. INS, 358 F.3d 1161, 1170-71 (9th Cir.2004) (The court “must make every effort not to interpret the provision at…

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