Soto-Islas

MEMORANDUM ****

The agency determined Soto-Islas did not qualify for cancellation of removal under 8 U.S.C. § 1229b(b). He challenged the agency’s decision in a petition for review, which this court dismissed in part and denied in part in a memorandum disposition filed February 25, 2004. He later filed a petition for habeas corpus in district court. This appeal follows a district court order dismissing the habeas petition and denying a motion to intervene filed on behalf of his two minor daughters. We dismiss.

The facts are known to the parties and are not recounted here.

Under Section 106(a) of the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B, 119 Stat. 231 (2005), we treat this appeal as a petition for review. Martinez-Rosas v. Gonzales, 424 F.3d 926, 928-30 (9th Cir.2005). Because the Board of Immigration Appeals affirmed without decision, we review the decision of the immigration judge as the final agency decision. Fajardo v. INS, 300 F.3d 1018 , 1019 n. 1 (9th Cir.2002).

Soto-Islas seeks to raise a substantial evidence challenge to the agency’s conclusion that he did not establish the ten years of continuous physical presence in this country needed for cancellation of…