U.S. Court of Appeals for the Ninth Circuit, 2010

Guereca-Leyva v. Holder

Guereca-Leyva v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 12, 2010 · Alarcón, Leavy, Graber
386 F. App'x 747

Guereca-Leyva v. Holder

Opinion

MEMORANDUM **

Eduardo Guereca-Leyva, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for cancellation of removal and adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law and constitutional questions. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We deny in part and dismiss in part the petition for review.

Guereca-Leyva’s claim regarding continuous physical presence is foreclosed by Juarez-Ramos v. Gonzales, 485 F.3d 509, 512 (9th Cir. 2007).

We lack jurisdiction to consider Guere-ca-Leyva’s contention that he did not make a false claim to U.S. citizenship, and that the basis of his May 30, 2000, expedited removal order was therefore incorrect, because it would require us to “nullify the continuing effects of that order” which 8 U.S.C. § 1252(a)(2)(A) bars. See Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 818-19 (9th Cir. 2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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