Mitzi Sepulveda v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MITZI YANET SEPULVEDA, No. 08-74871
Petitioner, Agency No. A072-126-209
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Mitzi Yanet Sepulveda, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her 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).
Ramos Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009), and we deny the
petition for review.
Sepulveda’s contention that the agency erred in refusing to impute her
father’s longer physical presence in the United States in order to satisfy the
requirement of 8 U.S.C. § 1229b(b)(1)(A) is unavailing. See Ramos Barrios, 581
F.3d at 859-66 (rejecting contention that parent’s physical presence should be
imputed to minor petitioner). The agency therefore correctly determined that
Sepulveda lacked the ten years of continuous physical presence necessary to
qualify for cancellation of removal under 8 U.S.C. § 1229b(b).
PETITION FOR REVIEW DENIED.
2 08-74871