Jesus Sanchez Gutierrez; Celia Sanchez v. ERIC H. HOLDER Jr., Attorney General

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).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS SANCHEZ GUTIERREZ; CELIA
SANCHEZ,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-77200
Agency Nos. A077-424-900
A077-424-901
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Jesus Sanchez Gutierrez and Celia Sanchez, natives and citizens of Mexico,
petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
their appeal from an immigration judge’s decision denying their applications for
FILED
DEC 22 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence the agency’s factual conclusions regarding continuous
physical presence, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.
2004), and regarding whether an alien falls into one of the per se categories barred
from establishing good moral character, Urzua Covarrubias v. Gonzales, 487 F.3d
742, 747 (9th Cir. 2007). We deny the petition for review.
Substantial evidence supports the BIA’s conclusion that Celia Sanchez failed
to demonstrate continuous physical presence because she provided inconsistent
testimony regarding the length of her visit to Mexico and her testimony conflicted
with her husband’s regarding her date of return. See 8 U.S.C. § 1229b(b)(1)(A);
see also Lopez-Alvarado, 381 F.3d at 851-52.
Substantial evidence also supports the BIA’s conclusion that Jesus Sanchez
Gutierrez’s testimony regarding his daughter’s unlawful entry into the United
States bars him from establishing good moral character under 8 U.S.C. §
1101(f)(3). See Urzua Covarrubias, 487 F.3d at 748.
PETITION FOR REVIEW DENIED.

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