Catalina Jimenez Castillo 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NOT FOR PUBLICATION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
CATALINA JIMENEZ CASTILLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73635
Agency No. A095-291-755
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Catalina Jimenez Castillo, 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 cancellation of
removal, and declining to reinstate her voluntary departure period. We have
FILED
JUL 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73635 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s continuous physical presence finding. Landin-Zavala v. Gonzales, 488
F.3d 1150, 1151 (9th Cir. 2007). We deny in part and grant in part the petition for
review, and remand for further proceedings.
Substantial evidence supports the BIA’s determination that Jimenez Castillo
failed to establish the requisite continuous physical presence for cancellation of
removal where her testimony conflicted with the affidavits she submitted regarding
presence. See 8 U.S.C. § 1229b(b)(1)(A), (d)(1).
As the government acknowledges, the record contains evidence that Jimenez
Castillo timely filed proof of posting her voluntary departure bond. See 8 C.F.R.
§ 1240.26(c)(3)(ii). We therefore remand to the BIA to determine Jimenez
Castillo’s eligibility for reinstatement of voluntary departure.
Jimenez Castillo’s remaining contentions are unavailing.
The parties will bear their own costs for this petition to review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.

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