Flores
Flores v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Jonathan L. Flores (“Flores”) petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) order denying his application for cancellation of removal. We deny the petition for review.
On the basis of a conviction document from the Alameda County Superior Court, the IJ found that Flores had been convicted of a controlled substance offense in 1993. Because the 1993 conviction stopped the accrual of Flores’s continuous presence in the United States, see 8 U.S.C. § 1229b(d)(l)(B), the IJ found that Flores had not established seven years of continuous presence in the United States and was therefore ineligible for cancellation of removal. See 8 U.S.C. § 1229b(a). Flores challenges the IJ’s decision on two grounds: first, he argues that the documentary evidence of his 1993 conviction was legally insufficient to satisfy any of the requirements under 8 U.S.C. § 1229a(c)(3)(B), and second, he argues that applying IIRIRA’s stop-time provision, 8 U.S.C. § 1229b(d)(l)(B), which was enacted in 1997, to his 1993 conviction creates impermissible retroactive effects.