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Herrera v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 23, 2012
No. 09-71487 (9th Cir. Apr. 23, 2012)

Opinion

No. 09-71487 Agency No. A075-193-153

04-23-2012

JAIME PIMENTEL HERRERA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Jaime Pimentel Herrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir. 2011), and we deny the petition for review.

The BIA properly concluded that Pimentel Herrera was ineligible for cancellation of removal because he lacked seven years of continuous residence in the United States after being "admitted in any status." See 8 U.S.C. § 1229b(a)(2); Vasquez de Alcantar, 645 F.3d at 1103 (filing an application for adjustment of status does not confer admission); see also Guevara v. Holder, 649 F.3d 1086, 1094 (9th Cir. 2011) (a grant of work authorization does not confer admission).

PETITION FOR REVIEW DENIED.


Summaries of

Herrera v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 23, 2012
No. 09-71487 (9th Cir. Apr. 23, 2012)
Case details for

Herrera v. Holder

Case Details

Full title:JAIME PIMENTEL HERRERA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 23, 2012

Citations

No. 09-71487 (9th Cir. Apr. 23, 2012)