Navarro

Navarro v. Holder

Good Law
357 F. App'x 892
United States Court of Appeals for the Ninth CircuitDecember 14, 2009Nos. 07-71146, 07-73757California306 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Maria Magdalena Sanchez Navarro, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from *893 an immigration judge’s decision denying her application for cancellation of removal and its order denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s findings of fact, Landin-Zavala v. Gonzales, 488 F.3d 1150, 1151 (9th Cir.2007), for abuse of discretion the denial of a motion to reopen, and de novo claims of due process violations, Itur ribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petitions for review.

Substantial evidence supports the agency’s determination that Sanchez Navarro did not meet the continuous physical presence requirement where the record indicates that Sanchez Navarro was placed in exclusion proceedings in 1994 and ordered excluded. See Landin-Zavala, 488 F.3d at 1153 (order of exclusion terminates the accrual of physical presence); see also Juarez-Ramos v. Gonzales, 485 F.3d 509, 512 (9th Cir.2007) (expedited removal order sufficient to interrupt an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.