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

Miranda Mendez v. Holder

Miranda Mendez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 16, 2010 · Alarcón, Leavy, Graber
387 F. App'x 803

Miranda Mendez v. Holder

Opinion

MEMORANDUM **

Martha Magdalena Miranda Mendez and Veronica Athalia Vazquez Miranda, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000), and we deny the petition for review.

Substantial evidence supports the agency’s determination that Miranda Mendez did not meet the continuous physical presence requirement where her testimony and application indicated that she departed the United States for Mexico in October 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).

The agency did not err in denying cancellation relief to Vazquez Miranda where she did not demonstrate that she had a qualifying relative. See 8 U.S.C. § 1229b(b)(l).

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.