Reyna

Reyna v. Mukasey

Good Law
272 F. App'x 566
United States Court of Appeals for the Ninth CircuitMarch 27, 2008Nos. 06-74474, 06-75642California272 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Tina Venancio Reyna, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal and the BIA’s order denying her motion to reconsider. 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 for abuse of discretion the denial of a motion to reconsider. See Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny the petitions for review.

Substantial evidence supports the agency’s determination that Venancio Reyna did not show ten years of continuous physical presence where the record contains an *567 expedited removal order, and neither she nor her counsel challenges that the order was executed 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).

Because the physical…

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