NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 14 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIO A. FAJARDO ESPINOZA, No. 15-72059
Petitioner, Agency No. A095-502-118
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Mario A. Fajardo Espinoza, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying cancellation of removal. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Bonilla
v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for 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).
The agency did not err in denying cancellation of removal, where Fajardo
Espinoza cannot show seven years of continuous residence after having been
admitted in any status. See 8 U.S.C. § 1229b(a)(2); Vasquez de Alcantar v.
Holder, 645 F.3d 1097, 1102 (9th Cir. 2011) (“we have never held that mere filing
for LPR status constitutes admission”). Fajardo Espinoza’s contention that his
acceptance into the Family Unity Program should be considered an admission for
cancellation purposes is foreclosed by Medina-Nunez v. Lynch, 788 F.3d 1103,
1105 (9th Cir. 2015).
PETITION FOR REVIEW DENIED.
2 15-72059