Jaime Pimentel Herrera v. Eric Holder, Jr. , 472 F. App'x 724 ( 2012 )

FILED
NOT FOR PUBLICATION APR 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIME PIMENTEL HERRERA, No. 09-71487
Petitioner, Agency No. A075-193-153
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Jaime Pimentel Herrera, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir. 2011), and we deny
the petition for review.
The BIA properly concluded that Pimentel Herrera was ineligible for
cancellation of removal because he lacked seven years of continuous residence in
the United States after being “admitted in any status.” See 8 U.S.C. § 1229b(a)(2);
Vasquez de Alcantar, 645 F.3d at 1103 (filing an application for adjustment of
status does not confer admission); see also Guevara v. Holder, 649 F.3d 1086,
1094 (9th Cir. 2011) (a grant of work authorization does not confer admission).
PETITION FOR REVIEW DENIED.
2 09-71487