Melesio Morales-Mata v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION NOV 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MELESIO MORALES-MATA, No. 11-71141
Petitioner, Agency No. A089-853-892
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Melesio Morales-Mata, 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 for substantial evidence
*
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).
the agency’s continuous physical presence determination, Lopez-Alvarado v.
Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for
review.
Substantial evidence supports the BIA’s conclusion that Morales-Mata’s
inconsistent testimonial evidence was insufficient to meet his burden of proving
ten years of continuous physical presence in the United States. See 8 U.S.C.
§1229b(b)(1)(A); cf. Lopez-Alvarado, 381 F.3d at 851-53 (finding that petitioners
had met their burden where the detailed documentary and testimonial evidence
presented by petitioners was consistent).
PETITION FOR REVIEW DENIED.
2 11-71141