Martinez-Martinez

*392 MEMORANDUM ***

Emigdio Diego Martinez-Martinez petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) determination that he is ineligible for cancellation of removal as a nonpermanent resident under 8 U.S.C. § 1229b(b)(l). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Martinez’s contention that the IJ erred in refusing to impute his father’s continuous physical presence to satisfy the requirement of 8 U.S.C. § 1229b(b)(l)(A) is foreclosed by our recent decision in Ramos Barrios v. Holder, 567 F.3d 451, 459-66 (9th Cir.2009). Unlike the terms of art at issue in Lepe-Guitron v. INS, 16 F.3d 1021 (9th Cir.1994), Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir.2005), and Escobar v. Holder, 567 F.3d 466 (9th Cir.2009), “the definition of physical presence does not require a specific status, intent, or state of mind,” Ramos Banios, at 464-65 (internal quotation marks omitted); see also id. at 463-65. Put simply, “[ejither the petitioner has been continuously present in the United States ... or the petitioner has not.” Kalaw v. INS, 133 F.3d 1147 , 1151 (9th Cir.1997). Thus,…