Mata-Arzola v. Ashcroft , 90 F. App'x 81 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 24, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-60781
Summary Calendar
MARIA LUZ MATA-ARZOLA,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A74-652-297
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Maria Luz Mata-Arzola (Mata) petitions this court for review
of the Board of Immigration Appeals’ (BIA’s) denial of her
request for cancellation of removal. She argues that the BIA
erred when it determined that her continuous physical presence in
the United States terminated in February 1993 when she departed
the United States under threat of institution of removal
proceedings.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-60781
-2-
This court has jurisdiction to review the BIA’s order
denying cancellation of removal. See Mireles-Valdez v. Ashcroft,
349 F.3d 213, 217 (5th Cir. 2003). To be eligible for a
discretionary cancellation of removal, an alien must satisfy four
requirements, one of which is 10 years of continuous physical
presence in the United States. See 8 U.S.C. § 1229b(b)(1)(A);
Mireles-Valdez, 349 F.3d at 214-15. The Attorney General has
determined that voluntary departure under the threat of removal
proceedings interrupts continuous presence. See Mireles-Valdez,
349 F.3d at 218. This court has upheld the Attorney General’s
determination. See id.
PETITION DENIED.