Quirino Estrada v. Eric Holder, Jr.
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Quirino Estrada v. Eric Holder, Jr.
Doc. 0
Case: 09-60904
Document: 00511182735
Page: 1
Date Filed: 07/22/2010
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60904 S u m m a r y Calendar July 22, 2010 Lyle W. Cayce Clerk
Q U I R I N O ESTRADA, P e titio n e r v. E R I C H. HOLDER, JR., U. S. ATTORNEY GENERAL, R espon dent
P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A089 536 676
B e fo r e KING, SOUTHWICK, and HAYNES, Circuit Judges. P E R CURIAM:* Q u ir in o Estrada, a native and citizen of Mexico, has filed a petition for r e v ie w of the order of the Board of Immigration Appeals (BIA) dismissing his appeal of the immigration judge's pretermission and denial of his application for c a n c e lla t io n of removal under INA §240A(b), 8 U.S.C. § 1229b(b)(1). Estrada's s o le argument on appeal is that In re Romalez-Alcaide, 23 I. & N. Dec. 423, 4242 9 (BIA 2002), was decided incorrectly, that this court's opinion in M ir e le s -V a ld e z v. Ashcroft, 349 F.3d 213, 217-19 (5th Cir. 2003), upholding that
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
*
Dockets.Justia.com
Case: 09-60904
Document: 00511182735 Page: 2 No. 09-60904
Date Filed: 07/22/2010
d e c is io n should be reversed, and that his case should be remanded for c o n s id e r a t io n of his eligibility for cancellation of removal. T h e Respondent argues correctly that a panel of this court may not reverse M ir e le s -V a ld e z absence circumstances that are not present, see United States v. R u ff, 984 F.2d 635, 640 (5th Cir. 1993), and moves for summary affirmance. Estrada's argument that his voluntary departure to Mexico did not break his c o n t in u o u s physical presence in the United States is foreclosed. See MirelesV a ld e z , 349 F.3d at 218. P E T IT IO N FOR REVIEW DENIED; MOTION FOR SUMMARY
A F F IR M A N C E GRANTED.
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