Sanchez-Jimenez

Sanchez-Jimenez v. Mukasey

Good Law
289 F. App'x 178
United States Court of Appeals for the Ninth CircuitAugust 7, 2008No. 02-73598California248 words

Opinion

Lead Opinion

MEMORANDUM **

Rogelio Sanchez-Jimenez, a native and citizen of Mexico, petitions pro se for re *179 view of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s continuous physical presence determination, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Sanchez-Jimenez failed to establish seven years of continuous presence, because his brother’s testimony regarding their entry date was unclear and he provided insufficient corroboration. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted).

We do not address Sanchez-Jimenez’s contentions regarding extreme hardship because the IJ’s continuous physical presence determination is dispositive. See Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir.1997)…

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