Moreno

Moreno v. Gonzales

Good Law
210 F. App'x 647
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 06-70967California312 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Gonzalez Moreno and Mirna Gonzalez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s denial of their application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and deny the petition for review.

*648 Gonzalez Moreno and Gonzalez each contend the immigration judge erred in finding they lacked 10 years of continuous physical presence.

Gonzalez was served with her notice to appear on June 5, 2001; accordingly, Gonzalez was required to demonstrate her physical presence beginning from June 5, 1991. See 8 U.S.C. §§ 1229b(b)(l)(A), (d)(1). Gonzalez, Gonzalez’s sister, and Gonzalez’s mother each testified differently as to Gonzalez’s arrival in the United States, with both Gonzalez and her sister specifying dates after June 5, 1991. Gonzalez’s documentary evidence likewise failed to demonstrate her presence in the United States on or before June 5, 1991. Substantial evidence therefore supports the agency’s conclusion that Gonzalez failed to…

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