Opinion
No. 09-60904 Summary Calendar.
July 22, 2010.
Harvey A. Schein, Schein Esquenazi, L.L.P., Dallas, TX, for Petitioner.
Janice Kay Redfern, Esq., Tangerlia Cox, Edward C. Durant, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.
Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A089 536 676.
Before KING, SOUTHWICK, and HAYNES, Circuit Judges.
Quirino Estrada, a native and citizen of Mexico, has filed a petition for review of the order of the Board of Immigration Appeals (BIA) dismissing his appeal of the immigration judge's pretermission and denial of his application for cancellation of removal under INA § 240A(b), 8 U.S.C. § 1229b(b)(1). Estrada's sole argument on appeal is that In re Romalez-Alcaide, 23 I. N. Dec. 423, 424-29 (BIA 2002), was decided incorrectly, that this court's opinion in Mireles-Valdez v. Ashcroft, 349 F.3d 213, 217-19 (5th Cir. 2003), upholding that decision should be reversed, and that his case should be remanded for consideration of his eligibility for cancellation of removal.
The Respondent argues correctly that a panel of this court may not reverse Mireles-Valdez absence circumstances that are not present, see United States v. Ruff, 984 F.2d 635, 640 (5th Cir. 1993), and moves for summary affirmance. Estrada's argument that his voluntary departure to Mexico did not break his continuous physical presence in the United States is fore-closed. See Mireles-Valdez, 349 F.3d at 218.
PETITION FOR REVIEW DENIED; MOTION FOR SUMMARY AFFIRMANCE GRANTED.