Alfredo Morales-Gutierrez 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).
LR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALFREDO MORALES-GUTIERREZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71984
Agency No. A096-345-406
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Alfredo Morales-Gutierrez, 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 his application for cancellation of removal.
FILED
JAN 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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LR/Research 07-71984 2
We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial
evidence the agency’s continuous physical presence determination. Lopez-
Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004). We deny the petition
for review.
Substantial evidence supports the agency’s conclusion that
Morales-Gutierrez did not meet his burden of establishing continuous physical
presence, see 8 U.S.C. § 1229b(b)(1)(A), because his testimony was internally
inconsistent and was inconsistent with his witness’ testimony about Morales-
Gutierrez’s entry date, addresses, and employment for the requisite time period.
Cf. Vera-Villegas v. INS, 330 F.3d 1222, 1231-34 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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