Lopez v. Immigration & Naturalization Service
Lopez v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
The Board of Immigration Appeals did not err in denying Lopez’s application for suspension of deportation. The Board found that Lopez did not satisfy the statutory requirement of seven years of continuous physical presence in the United States before the Order To Show Cause issued in August 1995. This finding is supported by “substantial evidence,” see Kalaw v. INS, 133 F.3d 1147, 1151 (9th Cir. 1997), because Lopez had earlier stated in an asylum application that he first ax-rived in the United States on September 25, 1991, too late to have allowed him to accrue the seven years required to qualify
Since Lopez has not established seven years of continuous physical presence in the United States, he is statutorily ineligible for suspension of deportation. 8 U.S.C. § 1254(a)(1) (1994) (repealed). We need not address moral character and extreme hardship.
We reject Lopez’s argument that the Immigration Judge and the Board violated his due process rights by failing to adjudicate his asylum claims. Lopez did not pursue his asylum application before the Immigration Judge or the Board. Finally, because Lopez failed to exhaust administrative remedies, we lack jurisdiction to review his asylum claims. See Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir. 1994).
PETITION DENIED.
•j'jjjg disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.