Rincon

Rincon v. Mukasey

Good Law
255 F. App'x 165
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 07-71947California348 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioners Cesar Arrieta Rincon and Pilar Garcia Rincon’s applications for cancellation of removal. Respondent has filed a motion to dismiss in part and for summary disposition in part. Petitioners have filed an opposition to the motion.

A review of the filings and the administrative record demonstrates that there is substantial evidence to support the BIA’s decision that petitioner Pilar Garcia Rincon failed to establish continuous physical presence in the United States for a period of not less than ten years as required for cancellation of removal. See 8 U.S.C. § 1229b(b)(l)(A); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). Accordingly, respondent’s motion for summary disposition is granted with respect to petitioner Pilar Garcia Rincon 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).

We have reviewed the opposition to the motion to dismiss this petition for review…

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