Jose Luis Mejia-Garcia 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE LUIS MEJIA-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70082
Agency No. A077-585-674
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jose Luis Mejia-Garcia, 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. Reviewing for substantial
FILED
JUL 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70082 2
evidence the agency’s continuous physical presence determination, Gutierrez v.
Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008); Kaur v. Gonzales, 418 F.3d 1061,
1064 (9th Cir. 2005), we deny the petition for review.
Substantial evidence supports the agency’s finding that Mejia-Garcia failed
to establish the requisite continuous physical presence where the record contains a
signed Notice and Request for Disposition form stating that he was giving up his
right to a hearing before an IJ and agreeing to return to Mexico. See Vasquez-
Lopez v. Ashcroft, 343 F.3d 961, 973 (9th Cir. 2003); see also 8 C.F.R.
§ 240.64(b)(3).
In light of our disposition, we need not address Mejia-Garcia’s adverse
credibility contentions.
Mejia-Garcia’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.

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