Vazquez-Avila

Vazquez-Avila v. Gonzales

Good Law
246 F. App'x 517
United States Court of Appeals for the Ninth CircuitAugust 31, 2007No. 05-71239California410 words

Opinion

Lead Opinion

MEMORANDUM *

Gabino Vazquez-Avila and Juana OrtizMontalvo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for cancellation of removal under 8 U.S.C. § 1229b(b). Vazquez also petitions for review of the Administrative Appeals Office’s (“AAO”) denial of his Special Agricultural Worker (“SAW”) application under 8 U.S.C. § 1160 . We have jurisdiction pursuant to 8 U.S.C. §§ 1160 (e)(3)(A), 1252(a)(2)(D), and we deny each petition.

The BIA correctly denied Ortiz’s application for cancellation of removal because Ortiz had not “been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of [her] application.” 8 U.S.C. § 1229b(b)(l)(A). She entered the United States in 1993 and received a notice to appear before an Immigration Judge (“IJ”) in 2000. Garcia-Ramirez v. Gonzales, 423 F.3d 935 , 937 n. 3 (9th Cir.2005) (“[A]n alien’s accrual of physical presence time ends when removal proceedings are commenced against the alien through service of a notice to appear before an IJ.”).

We lack jurisdiction to entertain Vazquez’s challenge to the BIA’s…

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