FILED
NOT FOR PUBLICATION JUL 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAUL GONZALEZ VARGAS; No. 08-70115
GRACIELA M. GONZALEZ,
Agency Nos. A075-260-204
Petitioners, A075-260-205
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Raul Gonzalez Vargas and Graciela M. Gonzalez, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s order pretermitting their applications for
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. Reviewing
*
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).
for substantial evidence the agency’s continuous physical presence determination,
Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850 (9th Cir. 2004), we deny the
petition for review.
The record does not compel the conclusion that Gonzalez Vargas met his
burden to establish continuous physical presence where he provided insufficient
evidence of his presence from April 1988 onwards. 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”).
PETITION FOR REVIEW DENIED.
2 08-70115