Karla Raygoza Cozar v. Eric Holder, Jr. , 550 F. App'x 535 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARLA YEDID RAYGOZA COZAR, No. 12-72729
Petitioner, Agency No. A098-467-396
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Karla Yedid Raygoza Cozar, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s denial of her application for cancellation of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
*
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).
agency’s continuous physical presence determination, Ibarra-Flores v. Gonzales,
439 F.3d 614, 618 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the agency’s determination that Raygoza
Cozar did not demonstrate the requisite ten years of continuous physical presence
in the United States where there was inconsistent testimony related to her
residential history from 1995 to 1998 and a lack of documentary evidence for that
period. See 8 U.S.C. § 1229b(b)(1)(A). Contrary to Raygoza Cozar’s contention,
the agency was permitted to consider Raygoza Cozar’s failure to supply evidence
corroborating her testimony in the absence of an adverse credibility finding. See 8
U.S.C § 1229a(c)(4)(B).
In light of this disposition, we need not reach Raygoza Cozar’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 12-72729