United States v. 2020-04-14 | 15-72059 | MARIO FAJARDO ESPINOZA V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIO A. FAJARDO ESPINOZA,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 15-72059

Agency No. A095-502-118

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Mario A. Fajardo Espinoza, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying cancellation of removal. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Bonilla
v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

APR 14 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 15-72059
The agency did not err in denying cancellation of removal, where Fajardo
Espinoza cannot show seven years of continuous residence after having been
admitted in any status. See 8 U.S.C. § 1229b(a)(2); Vasquez de Alcantar v.
Holder, 645 F.3d 1097, 1102 (9th Cir. 2011) (“we have never held that mere filing
for LPR status constitutes admission”). Fajardo Espinoza’s contention that his
acceptance into the Family Unity Program should be considered an admission for
cancellation purposes is foreclosed by Medina-Nunez v. Lynch, 788 F.3d 1103,
1105 (9th Cir. 2015).
PETITION FOR REVIEW DENIED.