Oscar Chavez-Elizondo v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION OCT 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSCAR CHAVEZ-ELIZONDO, No. 08-72845
Petitioner, Agency No. A079-155-175
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.
Oscar Chavez-Elizondo, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
*
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).
evidence the agency’s continuous physical presence determination, Gutierrez v.
Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008), and we deny the petition for
review.
Substantial evidence supports the agency’s determination that Chavez-
Elizondo did not meet the continuous physical presence requirement where he
testified that he accepted voluntary departure instead of appearing before an IJ
during the relevant statutory time period. See id. at 1117-18 (petitioner’s
testimony that he had the opportunity to go before an IJ and chose to depart instead
is sufficient to establish presence-breaking voluntary departure).
Chavez-Elizondo’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 08-72845