Arturo Martinez-Escalona v. Eric H. Holder Jr., No. 08-73099 (9th Cir. 2011)

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FILED JAN 06 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ARTURO MARTINEZ-ESCALONA, Petitioner, No. 08-73099 Agency No. A075-769-492 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Arturo Martinez-Escalona, 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 his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Tapia v. Gonzales, 430 F.3d 997, 999 (9th Cir. 2005), and we deny the petition for review. The agency properly concluded that Martinez-Escalona was ineligible for cancellation of removal because he failed to meet the seven-year continuous physical presence requirement. See 8 U.S.C. § 1229b(a)(2) (requiring seven years of continuous residence after having been admitted in any status ); see also 8 U.S.C. § 1101(a)(13)(A) (defining admitted as the lawful entry of an alien into the United States after inspection and authorization by an immigration officer. ). PETITION FOR REVIEW DENIED. 2 08-73099

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