Gonzalez Maravilla v. Gonzales

MEMORANDUM **

Jose Luis Gonzalez Maravilla and his wife Maria Lourdes Roja Marquez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ summary affirmance without opinion of an immigration judge’s pretermission of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny in part and grant in part the petition for review.

Substantial evidence supports the IJ’s determination that Maria failed to establish the ten-year continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) because she testified that she entered the United States in April 1995 and the government issued the Notice to Appear on December 31, 2002. See 8 U.S.C. § 1229b(b)(l)(A) and (d)(2). We therefore deny the petition for review as to Maria.

The IJ determined that Jose 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 1997. Jose testified that he left the United States for a few weeks in 1997 in order to visit his ailing father in Mexico. Upon his attempted return, immigration officials apprehended, photographed, and *872…