Julian Claro-Agustin 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NOT FOR PUBLICATION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
JULIAN CLARO-AGUSTIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70708
Agency No. A077-059-377
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Julian Claro-Agustin, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s decision denying his motion to reopen removal proceedings. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Vasquez
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70708 2
de Alcantar v. Holder, 645 F.3d 1098, 1099 (9th Cir. 2011), and we deny the
petition for review.
The agency properly concluded that Claro-Agustin was ineligible for
cancellation of removal because he lacked seven years of continuous residence in
the United States after being “admitted in any status.” See 8 U.S.C. § 1229b(a)(2);
Vasquez de Alcantar, 645 F.3d at 1102-03 (an applicant for adjustment of status
who entered without inspection is not admitted in any status until his application is
approved).
PETITION FOR REVIEW DENIED.

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