Guzman-Flores

Guzman-Flores v. Gonzales

Good Law
176 F. App'x 837
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 04-73066California470 words

Opinion

Lead Opinion

MEMORANDUM **

Osvaldo Guzman Flores and Gloria Guzman, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ dismissal of their appeal of an immigration judge’s denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant impart and deny in part the petition for review.

The IJ determined that Gloria failed to meet the ten-year continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) because she testified that she was outside the United States for an aggregate period of more than 180 days during the requisite ten year period. Gloria has waived any challenge to this determination by failing to address it in her opening brief. See Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 , 1021 n. 4 (9th Cir.2005). We therefore deny the petition for review as to Gloria.

The IJ determined that Osvaldo failed to meet the ten-year continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) due to a voluntary departure in 1998. Osvaldo testified that immigration officials stopped him at a checkpoint in 1998, fingerprinted him, and permitted him to return voluntarily to Mexico.

We…

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