JULIO BARAHONA-VALLECILLO V. JEFFERSON SESSIONS, No. 15-72525 (9th Cir. 2017)

Annotate this Case

Download PDF

NOT FOR PUBLICATION FILED FEB 23 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JULIO CESAR BARAHONAVALLECILLO, No. U.S. COURT OF APPEALS 15-72525 Agency No. A200-868-415 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS, III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Julio Cesar Barahona-Vallecillo, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of * 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). removal. We have jurisdiction under 8 U.S.C. § 1252. We review 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 BarahonaVallecillo 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 absences from the United States. See 8 U.S.C. § 1229a(c)(4)(B) (petitioner bears the burden of showing eligibility); § 1229b(b)(1)(A) (ten years continuous physical presence required); § 1229b(d)(2) (continuous physical presence broken by departure of more than 90 days). PETITION FOR REVIEW DENIED. 2 15-72525

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.