Marisol Torres Ortega 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NOT FOR PUBLICATION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
MARISOL TORRES ORTEGA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71019
Agency No. A096-351-892
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Marisol Torres Ortega, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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the agency’s continuous physical presence determination, Lopez-Alvarado v.
Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for
review.
Substantial evidence supports the agency’s determination that Ortega did not
meet the continuous physical presence requirement where her sworn affidavit and
cancellation of removal applications indicated that she departed the United States
for Mexico in August 1994 and that she remained there for a period greater than 90
days. See 8 U.S.C. § 1229b(d)(2) (departure in excess of 90 days breaks
continuous physical presence).
PETITION FOR REVIEW DENIED.

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