MARTIN JIMINEZ-OCHOA V. ERIC H. HOLDER JR., No. 08-71594 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 03 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTIN JIMINEZ-OCHOA, AKA Martin Jiminez, No. 08-71594 Agency No. A076-337-465 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted February 17, 2012 San Francisco, California Before: HUG, B. FLETCHER, and PAEZ, Circuit Judges. Martin Jiminez-Ochoa, a native and citizen of Mexico and formerly a legal permanent resident (LPR) of the United States, petitions for review of the decision of the Board of Immigration Appeals (BIA) that Jiminez-Ochoa s conviction under * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Nev. Rev. Stat. §§ 453.554 and 453.566 qualifies as a conviction relating to a controlled substance under the Immigration and Nationality Act, and that JiminezOchoa is statutorily ineligible for cancellation of removal. We agree with the BIA that Jiminez-Ochoa s Nevada conviction for possession of drug paraphernalia is a conviction relating to a controlled substance under 8 U.S.C. § 1227(a)(2)(B)(i), rendering him removable from the United States. See Luu-Le v. INS, 224 F.3d 911, 916 (9th Cir. 2000). We also agree with the BIA that Jiminez-Ochoa is statutorily ineligible for cancellation of removal because he cannot establish seven years of continuous residence after having been admitted in any status. See 8 U.S.C. § 1229b(a)(2). Jiminez-Ochoa was admitted to the United States on June 26, 2000, when he adjusted to LPR status. He committed the offense that rendered him removable on September 26, 2006. A period of continuous residence ceases to accrue on the date of commission of a removable offense. 8 U.S.C. § 1229b(d)(1). Therefore, Jiminez-Ochoa only accrued continuous residence for a period of six years and three months, nine months shy of the requisite seven years. DENIED.

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