Jimenez v. Mukasey
Jimenez v. Mukasey
Opinion of the Court
MEMORANDUM
Juan Melendres Jimenez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision that he is inadmissible for participating in alien smuggling and ineligible for lawful permanent resident cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process challenges and questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we review factual determinations for substantial evidence, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005). We deny the petition for review.
The IJ’s admission of government-prepared forms did not deny Jime
Contrary to Jimenez’s contention, the BIA correctly determined that he was ineligible for cancellation of removal because he was granted suspension of deportation in October 1998 and his Notice to Appear was served in May 2004. See 8 U.S.C. § 1229b(a)(2) (requiring cancellation applicants to have resided continuously in the United States for seven years “after having been admitted in any status”); id. at § 1229b(d)(l) (period of continuous residence ends “when the alien is served a notice to appear”).
In light of our disposition, we need not reach Jimenez’s remaining contentions.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.