Cazares-Sandoval

Cazares-Sandoval v. Holder

Good Law
330 F. App'x 146
United States Court of Appeals for the Ninth CircuitAugust 3, 2009No. 05-71654California371 words

Opinion

Lead Opinion

MEMORANDUM **

Martin Cazares Sandoval, Alicia Ta-mayo, and their daughter, Flor Maryssa Cazares Tamayo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying Cazares Sandoval’s applications for asylum, withholding, and relief under the Convention Against Torture, and Alicia Tamayo’s application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s continuous physical presence determination regarding Alicia Tamayo, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and the IJ’s denial of asylum regarding Cazares Sandoval, INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We review constitutional claims de novo, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the IJ’s finding that Alicia Tamayo did not meet the continuous physical presence requirement where she testified that in 1989, she departed the United States in the beginning of March and returned at the end of June. 8 U.S.C. §…

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