Mario Fajardo Espinoza v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 14, 2020
• Docket: 15-72059
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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