Simon Guadalupe Alverez 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NOT FOR PUBLICATION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
SIMON GUADALUPE ALVEREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74085
Agency No. A072-279-079
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Simon Guadalupe Alverez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
FILED
MAR 01 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74085 2
questions of law, Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1099 (9th Cir.
2011), and we deny the petition for review.
The BIA properly concluded that Alverez 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); 8 U.S.C.
§ 1101(a)(12)(B) (parole is not considered admission); Vasquez de Alcantar, 645
F.3d at 1102 (filing an application for adjustment of status does not constitute
“admitted in any status”).
PETITION FOR REVIEW DENIED.

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