Rodriguez-Torres v. Mukasey
Rodriguez-Torres v. Mukasey
Opinion of the Court
MEMORANDUM
Otilia Rodriguez-Torres, a native and citizen of Mexico, petitions for review of a final order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of Rodriguez-Torres’s request for cancellation of removal. Reviewing for substantial evidence, we deny the petition for review. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004).
“To qualify for the discretionary relief of cancellation of removal, an alien must, as a threshold matter, have been physically present in the United States for a continuous period of no less than ten years immediately preceding the date of the application.” Id. at 850. The time element of an alien’s residency may be shown by credible direct testimony or written declarations. Vera-Villegas v. INS, 330 F.3d 1222, 1225 (9th Cir. 2003). As long as one of the grounds underlying a negative credibility finding is supported by substantial evidence and goes to the heart of the claims, we are bound to accept the IJ’s findings. See, e.g., Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004).
Because Rodriguez-Torres failed to meet the threshold requirement of continuous physical presence, we need not reach Rodriguez-Torres’s argument that the IJ erred in not finding her of good moral character.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Otilia RODRIGUEZ-TORRES v. Michael B. MUKASEY, Attorney General
- Status
- Published