United States Ninth Circuit

On petition for review of a BIA order dismissing a Mexican national's appeal from an immigration judge’s decision pretermitting his application for cancellation of removal, the petition is denied, where the petitioner had been subjected to a formal, documented process sufficient to break ten years of continuous physical presence in the United States, given: 1) his presentation of a false identification document to a border official and, at least as reported on the Form I-213, his false claim of U.S. citizenship; 2) his subsequent arrest, his guilty plea and conviction in federal court; 3) the five days he spent in jail; and 4) his return to the Mexican border in INS custody.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Gould

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Noam Mendelson, Channah M. Farber