Amparo
Amparo v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Rosa Amparo and her son, Carlos Ernesto Amparo Martinez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the agency’s continuous physical presence determination for substantial evidence. See Ibarra-Flores v. Gonzales, 439 F.3d 614, 618 (9th Cir.2006). We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review in part and grant in part for the limited purpose of reinstating the IJ’s voluntary departure period.
Substantial evidence supports the agency’s determination that petitioners failed to *512 meet the ten-year continuous physical presence requirement where Rosa Amparo conceded that she entered the United States in 1989, and Carlos Amparo conceded that he entered in 1993, and the Notice to Appear was properly served in 1998. See 8 U.S.C. § 1229b(b)(l)(a); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004).