FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CESAR CUITLAHUAC GARCIA No. 08-73204
FUENTES,
Agency No. A079-523-428
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 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Cesar Cuitlahuac Garcia Fuentes, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s removal order. We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo questions of law and constitutional claims, Khan v.
*
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).
Holder, 584 F.3d 773, 776 (9th Cir. 2009), and for substantial evidence the
agency’s factual determinations, Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th
Cir. 2008). We deny the petition for review.
We agree with the agency’s determination that Garcia Fuentes failed to
establish the requisite ten years of continuous physical presence for cancellation of
removal, see 8 U.S.C. § 1229b(b)(1)(A), (d)(1)(B), where a certified copy of the
state sentencing and probation order established the fact of Garcia Fuentes’
convictions, see 8 U.S.C. § 1229a(c)(3)(B).
Garcia Fuentes’ equal protection claim is not persuasive. See
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008).
Because the agency’s continuous physical presence determination is
dispositive, we do not reach his remaining contentions.
PETITION FOR REVIEW DENIED.
2 08-73204