Barragan-Vasquez

MEMORANDUM **

Diego Barragan-Vasquez petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) denial of cancellation of removal. We have jurisdiction to review decisions of the BIA under 8 U.S.C. § 1252 (a), and we deny the petition for review.

The Attorney General may cancel the removal of an alien deportable from the United States if, inter alia, the alien “has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application.” 8 U.S.C. § 1229b(b). In order to meet this requirement, Barragan-Vasquez must have been continuously physically present in the United States since March 18, 1989, ten years prior to his receipt of a Notice To Appear.

Non-discretionary factual determinations such as the determination of continuous presence are reviewed for substantial evidence. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), as amended. “Where, as here, the BIA affirms the decision of the IJ without opinion, we review the decision of the IJ as the final agency decision.” Canales-Vargas v. Gonzales, 441 F.3d 739, 742…