Martin Rojas-Refujio v. Loretta E. Lynch , 670 F. App'x 521 ( 2016 )

FILED
NOT FOR PUBLICATION NOV 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIN ROJAS-REFUJIO, AKA Martin No. 14-73034
Refugio, AKA Martin Rojas,
Agency No. A095-804-643
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Martin Rojas-Refujio, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s denial of cancellation of removal. We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
physical presence determination. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-
51 (9th Cir. 2004). We deny the petition for review.
Substantial evidence supports the agency’s determination that Rojas-Refujio
failed to establish the requisite continuous physical presence, where Rojas-Refujio
testified that he remained outside the United States for a period of more than 180
days in the aggregate during the statutory period. See 8 U.S.C. § 1229b(b)(1)(A),
(d)(2) (a departure in excess of 180 days in the aggregate breaks continuous
physical presence).
PETITION FOR REVIEW DENIED.
2 14-73034