Bravo

MEMORANDUM **

Arturo Huerta Bravo and his wife, Maria Elena Vergara Vildozola, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order upholding an immigration judge’s decision denying them applications for cancellation of removal. To the extent we have jurisdiction, it is 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 the agency’s application of a statute de novo. See Khourassany v. INS, 208 F.3d 1096, 1101 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that neither petitioner met the continuous physical presence requirement where the record shows they were placed in expedited removal proceedings during the statutory time period. See Juarez-Ramos v. Gonzales, 485 F.3d 509, 512 (9th Cir.2007) (holding that expedited removal interrupts an alien’s continuous physical presence for cancellation purposes).

The agency did not err in finding Huerta Bravo ineligible for voluntary departure because it correctly…