Medina-Landei v. Holder , 382 F. App'x 649 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 09 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANIEL MEDINA-LANDEI, No. 07-70641
Petitioner, Agency No. A074-334-051
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Daniel Medina-Landei, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for suspension of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
deportation. We have jurisdiction under 8 U.S.C. § 1252. We review the agency’s
continuous physical presence determination for substantial evidence,
Canales-Vargas v. Gonzales, 441 F.3d 739, 742 (9th Cir. 2006), and we deny the
petition for review.
The record does not compel the conclusion that Medina-Landei met his
burden to establish continuous physical presence where he failed to provide
sufficient evidence supporting his presence from December 1989 to April 1990.
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).
PETITION FOR REVIEW DENIED.
2 07-70641