JOSE MARTINEZ-TORIBIO V. DANA J. BOENTE, No. 15-72965 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION FEB 3 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE JAIME MARTINEZ-TORIBIO, AKA Jose Martinez-Toribio, No. U.S. COURT OF APPEALS 15-72965 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 MartinezToribio 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

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