Morales-Gutierrez v. Holder , 361 F. App'x 863 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 08 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALFREDO MORALES-GUTIERREZ, No. 07-71984
Petitioner, Agency No. A096-345-406
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Alfredo Morales-Gutierrez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
*
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).
LR/Research
We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial
evidence the agency’s continuous 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 conclusion that
Morales-Gutierrez did not meet his burden of establishing continuous physical
presence, see 8 U.S.C. § 1229b(b)(1)(A), because his testimony was internally
inconsistent and was inconsistent with his witness’ testimony about Morales-
Gutierrez’s entry date, addresses, and employment for the requisite time period.
Cf. Vera-Villegas v. INS, 330 F.3d 1222, 1231-34 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
LR/Research 2 07-71984