FILED
NOT FOR PUBLICATION OCT 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMON ANTONIO GONZALEZ- No. 11-71804
GARCIA,
Agency No. A099-836-600
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Ramon Antonio Gonzalez-Garcia, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s denial of his application for cancellation of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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). We deny the petition for
review.
Substantial evidence supports the agency’s determination that Gonzalez-
Garcia did not meet the requirement that he demonstrate ten years of continuous
physical presence in the United States, where he testified on three separate
occasions that he first entered the United States in 1998. See 8 U.S.C.
§ 1229b(b)(1)(A); cf. Lopez-Alvarado, 381 F.3d at 851-53 (finding that petitioners
had met their burden where the detailed documentary and testimonial evidence
presented by petitioners was consistent).
We reject Gonzalez-Garcia’s contention that the BIA failed to consider his
evidence of continuous presence and failed to provide a reasoned and persuasive
explanation for its decision. See Ornelas-Chavez v. Gonzales, 458 F.3d 1052,
1058 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 11-71804