Ruiz

Ruiz v. Gonzales

Good Law
235 F. App'x 515
United States Court of Appeals for the Ninth CircuitJuly 27, 2007No. 07-70570California194 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ order affirming the denial of petitioners’ application for cancellation of removal under 8 U.S.C. § 1229b(b)(l).

Respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). The record reflects that petitioners are statutorily ineligible for cancellation of removal because they cannot demonstrate ten years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(b)(l)(A); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004) (Agency’s factual determination of continuous physical presence reviewed for substantial evidence). Accordingly, this petition for review is denied.

All other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), shall *516 continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.

This…

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.