Mario A. FAJARDO ESPINOZA, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: April 14, 2020
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Martin Zaehringer, Law Offices of Martin Zaehringer, Ventura, CA, for Petitioner Dana Michelle Camilleri, Sabatino F. Leo, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
Mario A. Fajardo Espinoza, 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 cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.
The agency did not err in denying cancellation of removal, where Fajardo Espinoza cannot show seven years of continuous residence after having been admitted in any status. See 8 U.S.C. § 1229b(a)(2); Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1102 (9th Cir. 2011) (“we have never held that mere filing for LPR status constitutes admission”). Fajardo Espinoza’s contention that his acceptance into the Family Unity Program should be considered an admission for cancellation purposes is foreclosed by Medina-Nunez v. Lynch, 788 F.3d 1103, 1105 (9th Cir. 2015).
PETITION FOR REVIEW DENIED.
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