Rosas

*703 MEMORANDUM ***

Because the BIA adopted and affirmed the IJ’s decision, any arguments Rosas raised before the IJ were exhausted. Abebe v. Gonzales, 432 F.3d 1037, 1041 (9th Cir.2005) (en banc). Rosas argued before the IJ that she was eligible for cancellation of removal because the INS’s service of the notice to appear on Ronald did not end the running of the required ten-year period of continuous physical presence in the United States under 8 U.S.C. § 1229b(b)(l)(A), (d)(1)(A). We therefore have jurisdiction to consider this argument, and we find it to be without merit.

The statutory ten-year period stops running when an “alien is served a notice to appear.” 8 U.S.C. § 1229b(d)(l). Rosas conceded, through counsel, that she was properly served with the notice to appear on August 20, 1997, which was before she accumulated the requisite period of continuous physical presence. Rosas argues that, because of Ronald’s fraud, the period of her continuous physical presence should not stop on the date she was served with the notice to appear, but instead should continue accruing until the time when Martinez began to represent her. Under this approach, Rosas would have accrued the…