Alverez v. Holder

FILED
NOT FOR PUBLICATION MAR 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SIMON GUADALUPE ALVEREZ, No. 07-74085
Petitioner, Agency No. A072-279-079
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Simon Guadalupe Alverez, 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 de novo
*
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).
questions of law, Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir.
2011), and we deny the petition for review.
The BIA properly concluded that Alverez was ineligible for cancellation of
removal because he lacked seven years of continuous residence in the United
States after being “admitted in any status.” See 8 U.S.C. § 1229b(a)(2); 8 U.S.C.
§ 1101(a)(12)(B) (parole is not considered admission); Vasquez de Alcantar, 645
F.3d at 1102 (filing an application for adjustment of status does not constitute
“admitted in any status”).
PETITION FOR REVIEW DENIED.
2 07-74085