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Nicolas Perez v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 25, 2011

NICOLAS PEREZ, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency No. A075-262-309 On Petition for Review of an Order of the Board of Immigration Appeals

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

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 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.


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