Edwin Lara v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION SEP 27 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EDWIN F. LARA, No. 08-74389 Petitioner, Agency No. A075-475-408 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. Edwin F. Lara, a native and citizen of Guatemala, 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 * 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). the agency’s continuous physical presence determination, Canales-Vargas v. Gonzales, 441 F.3d 739, 742 (9th Cir. 2006), and we deny the petition for review. The record does not compel the conclusion that Lara met his burden of establishing continuous physical presence where he failed to provide sufficient evidence supporting his presence from March 1995 to March 2005. 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”) (internal quotation marks and citation omitted). PETITION FOR REVIEW DENIED. 2 08-74389