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Ortega v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 866 (9th Cir. 2012)

Opinion

No. 11-71019 Agency No. A096-351-892

10-15-2012

MARISOL TORRES ORTEGA, 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NOT FOR PUBLICATION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: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Marisol Torres Ortega, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's decision denying her application for cancellation of removal. We have jurisdiction under 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), and we deny the petition for review.

Substantial evidence supports the agency's determination that Ortega did not meet the continuous physical presence requirement where her sworn affidavit and cancellation of removal applications indicated that she departed the United States for Mexico in August 1994 and that she remained there for a period greater than 90 days. See 8 U.S.C. § 1229b(d)(2) (departure in excess of 90 days breaks continuous physical presence).

PETITION FOR REVIEW DENIED.


Summaries of

Ortega v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 866 (9th Cir. 2012)
Case details for

Ortega v. Holder

Case Details

Full title:MARISOL TORRES ORTEGA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 866 (9th Cir. 2012)