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

Argumedo Rodriguez v. Holder

Argumedo Rodriguez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 8, 2010 · Goodwin, Wallace, Fisher
361 F. App'x 858

Argumedo Rodriguez v. Holder

Opinion

MEMORANDUM **

Rosa Maria Argumedo Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for review.

The record does not compel the conclusion that Argumedo Rodriguez met her burden to establish continuous physical presence from 1993 to 2003. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted). In light of our disposition, we need not address Argumedo Rodriguez’s contentions regarding the IJ’s adverse credibility determination.

We need not consider Argumedo Rodriguez’s contention regarding good moral character, because her failure to establish *859 continuous physical presence is dispositive. See 8 U.S.C. § 1229b(b)(l)(A).

PETITION FOR REVIEW DENIED.

**

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

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