OLVERA JUAREZ v. SESSIONS III (2018)

MEMORANDUM **

Yolanda Olvera-Juarez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision pretermitting her application for cancellation of removal. We have jurisdiction under to 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination. Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency’s determination that Olvera-Juarez knowingly and voluntarily accepted administrative voluntary departure in lieu of removal proceedings, and therefore she failed to establish the requisite ten years of continuous physical presence for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(A); Ibarra-Flores v. Gonzales, 439 F.3d 614, 619 (9th Cir. 2006) (voluntary departure under threat of deportation constitutes a break in continuous physical presence); Gutierrez, 521 F.3d at 1117-18 (requiring some evidence that the alien was informed of and accepted the terms of the voluntary departure agreement). Olvera-Juarez’s testimony does not compel a contrary conclusion, where she admits that she signed the Form I-826, and that she understood she was waiving her right to present her case before an IJ. Cf. Ibarra-Flores, 439 F.3d at 619-20 (insufficient evidence that alien knowingly and voluntarily accepted voluntary departure where record did not contain the voluntary departure form and alien’s testimony suggested that immigration authorities deceived him as to the form’s purpose).

PETITON FOR REVIEW DENIED.