Sofia Simona Bracamonte 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).
JTK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOFIA SIMONA BRACAMONTE,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-73489
Agency No. A096-362-768
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Sofia Simona Bracamonte, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying her application for
FILED
JAN 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JTK/Research 05-73489 2
cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We
review for substantial evidence the agency’s continuous physical presence
determination, Ibarra-Flores v. Gonzales, 439 F.3d 614, 618 (9th Cir. 2006), and
we deny the petition for review.
Substantial evidence supports the agency’s determination that Bracamonte
did not meet the continuous physical presence requirement where she testified that
she departed the United States for Mexico in 1996 for over nine months. See
8 U.S.C. § 1229b(d)(2) (departure in excess of ninety days breaks continuous
physical presence).
Bracamonte’s contention that the BIA improperly denied her motion to file a
late brief is unavailing.
PETITION FOR REVIEW DENIED.

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