Hortencia Ortega-Flores v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HORTENCIA ORTEGA-FLORES, No. 10-70133
Petitioner, Agency No. A078-243-454
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Hortencia Ortega-Flores, 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 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. Ibarra–Flores v.
Gonzales, 439 F.3d 614, 618 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the agency’s determination that Ortega-Flores
did not meet the continuous physical presence requirement where the record
includes a January 2000 Notice and Order of Expedited Removal as well as other
government documents corroborating the expedited removal. See Juarez–Ramos v.
Gonzales, 485 F.3d 509, 511 (9th Cir. 2007) (expedited removal order interrupts an
alien’s continuous physical presence for cancellation purposes); see also In re
Findley, 593 F.3d 1048, 1050 (9th Cir. 2010) (the court is bound by prior panel
opinions unless an en banc decision, Supreme Court decision or subsequent
legislation undermines those decisions).
Ortega-Flores’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 10-70133