ESTEBAN ORTEGA-SANCHEZ V. ERIC HOLDER, JR., No. 10-72614 (9th Cir. 2013)

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FILED OCT 02 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ESTEBAN ORTEGA-SANCHEZ, Petitioner, No. 10-72614 Agency No. A077-596-084 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 24, 2013 ** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Esteban Ortega-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals 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 for substantial * 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). evidence the agency s determination regarding continuous physical presence, Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008), and we deny the petition for review. Substantial evidence supports the agency s conclusion that Ortega-Sanchez failed to establish ten years of continuous physical presence in the United States prior to the service of his Notice to Appear because Ortega-Sanchez knowingly and voluntarily accepted administrative voluntary departure in lieu of appearing before an IJ during the relevant ten-year period. See id. at 1117-18 (acceptance of voluntary departure terminates physical presence if petitioner understood he had the right to go before an IJ and chose to depart instead). PETITION FOR REVIEW DENIED. 2 10-72614

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