Nicolas Perez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Nicolas Perez v. Eric H. Holder Jr., 412 F. App'x 944 (9th Cir. 2011)

Nicolas Perez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Nicolas Perez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration *945 judge’s decision denying his application for cancellation of removal. We have jurisdiction under 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, 851 (9th Cir. 2004), and we deny the petition for review.

The record does not compel the conclusion that Perez met his burden of establishing continuous physical presence where he failed to provide sufficient evidence supporting his presence from September 1987. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (evidence does not compel a conclusion contrary to the agency’s where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted).

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
Nicolas PEREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished