NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE JAIME MARTINEZ-TORIBIO, No. 15-72965
AKA Jose Martinez-Toribio,
Agency No. A200-242-701
Petitioner,
v.
MEMORANDUM*
DANA BOENTE, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Jose Jaime Martinez-Toribio, 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 (“IJ”) decision denying his application for
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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.
Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008). We deny the petition
for review.
Substantial evidence supports the agency’s determination that Martinez-
Toribio failed to establish the requisite continuous physical presence for
cancellation of removal, where he presented inconsistent testimony with no
corroboration regarding the length of his departure from the United States in 2004.
See 8 U.S.C. §§ 1229a(c)(4)(B)-(C), 1229b(b)(1)(A).
The record does not support Martinez-Toribio’s contentions that the IJ failed
to address or consider evidence, and that the IJ unfairly questioned his credibility.
PETITION FOR REVIEW DENIED.
2 15-72965