Jose Milton Gamez-Sorto v. ERIC H. HOLDER Jr., Attorney General

05-71092Court of Appeals for the Ninth CircuitDec 9, 2009

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AP/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE MILTON GAMEZ-SORTO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-71092
Agency No. A078-956-276
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Milton Gamez-Sorto, a native and citizen of El Salvador, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s decision denying his application for special rule
FILED
DEC 09 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AP/Research 05-71092 2
cancellation of removal under the Nicaraguan Adjustment and Central American
Relief Act of 1997 (“NACARA”). We have jurisdiction under 8 U.S.C. § 1252.
Reviewing de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th
Cir. 2008), we deny the petition for review.
Gamez-Sorto’s contentions are foreclosed by this court’s recent decision in
Barrios v. Holder, No. 06-74983, 2009 WL 2882868, at *6-12 (9th Cir. September
10, 2009) (holding that a minor who seeks relief as a derivative under NACARA
must personally satisfy the requirement of seven years of continuous physical
presence and that a parent’s physical presence in the United States cannot be
imputed to the minor).
PETITION FOR REVIEW DENIED.

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