Melesio Morales-Mata 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NOT FOR PUBLICATION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
MELESIO MORALES-MATA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71141
Agency No. A089-853-892
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Melesio Morales-Mata, 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 for substantial evidence
FILED
NOV 16 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-71141 2
the agency’s continuous physical presence determination, Lopez-Alvarado v.
Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for
review.
Substantial evidence supports the BIA’s conclusion that Morales-Mata’s
inconsistent testimonial evidence was insufficient to meet his burden of proving
ten years of continuous physical presence in the United States. See 8 U.S.C.
§1229b(b)(1)(A); cf. Lopez-Alvarado, 381 F.3d at 851-53 (finding that petitioners
had met their burden where the detailed documentary and testimonial evidence
presented by petitioners was consistent).
PETITION FOR REVIEW DENIED.

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