Bucio

Bucio v. Mukasey

Good Law
256 F. App'x 43
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 07-72137California362 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s {“15") denial of a motion to reopen and remand.

The BIA’s denial of a motion to reopen is reviewed for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The BIA’s denial of a motion to remand is also reviewed for abuse of discretion. See Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). The BIA did not abuse its discretion in affirming the IJ’s denial of the motion to reopen and remand.

The record indicates petitioner testified before the IJ that she departed the United States in April of 1998 pursuant to an administrative removal order. The record also includes the April 13, 1998 removal order which found petitioner inadmissible and ordered her removed from the United States. The BIA correctly determined petitioner’s administrative removal constitut *44 ed a break in her period of continuous physical presence. See Juarez-Ramos v. Gonzales, 485 F.3d 509 (9th Cir.2007). Because petitioner does not have the requisite ten years of continuous physical presence, she is statutorily ineligible for cancellation of…

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