Melesio Morales-Mata v. Eric Holder, Jr.

497 F. App'x 761

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 16, 2012
• Docket: 11-71141
• Status: Unpublished

Opinion

MEMORANDUM **

Melesio Morales-Mata, 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 decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Morales-Mata’s inconsistent testimonial evidence was insufficient to meet his burden of proving ten years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(b)(l)(A); cf. Lopez-Alvarado, 381 F.3d at 851-53 (finding that petitioners had met their burden where the detailed documentary and testimonial evidence presented by petitioners was consistent).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.