Garcia
Garcia v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Sylvestre Hernandez Garcia and Aurora Manuel Garcia, natives and citizens of Mexico, petition for review of the order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision pretermitting their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s physical presence determination for substantial evidence, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and review due process challenges de novo, Munoz v. Ashcroft, 339 F.3d 950, 954 (9th Cir.2003). We grant in part and deny in part the petition for review.
Both petitioners testified that they were in Mexico between January and December 1991. Substantial evidence therefore supports the IJ’s conclusion that they failed to maintain continuous physical presence for the requisite period. See 8 U.S.C. § 1229b(d)(2) (stating that an applicant for cancellation of removal fails to maintain continuous physical presence if the applicant “has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days”).