FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ESTEBAN ORTEGA-SANCHEZ, No. 10-72614
Petitioner, Agency No. A077-596-084
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.
Esteban Ortega-Sanchez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
*
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).
evidence the agency’s determination regarding continuous physical presence,
Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008), and we deny the
petition for review.
Substantial evidence supports the agency’s conclusion that Ortega-Sanchez
failed to establish ten years of continuous physical presence in the United States
prior to the service of his Notice to Appear because Ortega-Sanchez knowingly and
voluntarily accepted administrative voluntary departure in lieu of appearing before
an IJ during the relevant ten-year period. See id. at 1117-18 (acceptance of
voluntary departure terminates physical presence if petitioner understood he had
the right to go before an IJ and chose to depart instead).
PETITION FOR REVIEW DENIED.
2 10-72614