Ramiro Reyna Reyna v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMIRO REYNA REYNA, No. 09-70447
Petitioner, Agency No. A096-188-511
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Ramiro Reyna Reyna, 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 Reyna Reyna
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).
PETITION FOR REVIEW DENIED.
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