Limon-Perez v. Holder

FILED
NOT FOR PUBLICATION APR 12 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NAZARIO LIMON-PEREZ, No. 07-72978
Petitioner, Agency No. A079-541-372
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Nazario Limon-Perez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s
decision granting his application for cancellation of removal. Our jurisdiction is
*
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).
governed by 8 U.S.C. §1252. We review for substantial evidence the BIA’s
continuous physical presence determination. Landin-Zavala v. Gonzales, 488
F.3d 1150, 1151 (9th Cir. 2007). We deny the petition for review.
Substantial evidence supports the BIA’s determination that Limon-Perez did
not meet the continuous physical presence requirement because the record shows
he was placed in exclusion proceedings in 1996 and ordered excluded. See
Landin-Zavala, 488 F.3d at 1153 (deportation under a formal exclusion order
breaks an applicant’s continuous physical presence).
Because Limon-Perez failed to demonstrate a gross miscarriage of justice, he
may not, at this point, collaterally attack his June 13, 1996, exclusion order. See
Ramirez-Juarez v. INS, 633 F.2d 174, 175-76 (9th Cir. 1980) (per curiam).
PETITION FOR REVIEW DENIED.
2 07-72978