Quintero

Quintero v. Mukasey

Good Law
274 F. App'x 597
United States Court of Appeals for the Ninth CircuitApril 22, 2008No. 07-73765California246 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal.

Respondent’s motion for summary disposition is granted because the questions *598 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) (stating standard). The BIA did not err in concluding that petitioner’s expedited removal interrupted her continuous physical presence in the United States for the purpose of cancellation of removal relief. See 8 U.S.C. § 1229b(b)(l) (requiring ten years of physical presence to be eligible for cancellation of removal); Juarez-Ramos v. Gonzales, 485 F.3d 509, 511-12 (9th Cir.2007) (holding that expedited removal interrupts an alien’s continuous physical presence in the United States for the purpose of cancellation of removal relief). Additionally, petitioner’s argument that she should have been afforded an opportunity to apply for cancellation of removal at the time of her expedited removal is unavailing. See 8 U.S.C. § 1225 (b) (setting forth procedures for expedited removal). Accordingly, this petition for…

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