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Godoy v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 248 (9th Cir. 2008)

Opinion

No. 08-71196.

Submitted August 11, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 18, 2008.

Ramon Sarabia Godoy, Santa Ana, CA, pro se.

Kevin J. Conway, Richard M. Evans, U.S. Department of Justice, Washington, DC, District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A96-345-875.

Before: CANBY, LEAVY and KLEINFELD, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication arid is not precedent except as provided by 9th Cir. R. 36-3.


This is a petition for review of the Board of Immigration Appeals' ("BIA") order affirming an immigration judge's denial of petitioner Ramon Sarabia Godoy's application for cancellation of removal.

A review of the administrative record demonstrates that there is substantial evidence to support the BIA's decision that petitioner failed to establish continuous physical presence in the United States for a period of not less than ten years as required for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(A); Lopez-Alvarado v. Ashcroft 381 F.3d 847, 850-51 (9th Cir. 2004). Further, the legal issues raised by petitioner in his petition for review and his response to the court's March 31, 2008 order to show cause are foreclosed. See Padilla-Padilla v. Gonzales, 463 F.3d 972 (9th Cir. 2006) (provisions of the IIRIRA terminating accrual of residency upon initiation of removal proceedings did not violate alien's right to due process); Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir. 2002) (NACARA special rule cancellation does not violate equal protection).

Accordingly, respondent's motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam).

All other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.


Summaries of

Godoy v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 248 (9th Cir. 2008)
Case details for

Godoy v. Mukasey

Case Details

Full title:Ramon Sarabia GODOY, Petitioner, v. Michael B. MUKASEY, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2008

Citations

289 F. App'x 248 (9th Cir. 2008)