Montalvo-Huaracha

MEMORANDUM **

Felix Montalvo-Huaracha, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ *749 (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s finding of statutory ineligibility due to lack of continuous physical presence. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). We review for abuse of discretion the denial of a motion to remand. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We review de novo claims of due process violations in removal proceedings. See Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the agency’s determination that Montalvo-Huaracha failed to establish ten years continuous physical presence in the United States because Montalvo-Huaracha’s testimony regarding his absences from the United States was vague and inconsistent with the information set forth in his application for cancellation of removal, he had…