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No. 8689042
United States Court of Appeals for the Ninth Circuit
Carbejal v. Mukasey
No. 8689042 · Decided September 8, 2008
No. 8689042·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 8, 2008
Citation
No. 8689042
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Benigno Memije Carbejal, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence determination. Ibarra-Flores v. Gonzales, 439 F.3d 614, 618 (9th Cir.2006). We deny the petition for review. Substantial evidence supports the agency’s determination that Memije Carbejal did not meet the continuous physical presence requirement where the record includes a Departure Verification form and a Notice and Order of Expedited Removal. See Juarez-Ramos v. Gonzales, 485 F.3d 509, 512 (9th Cir.2007) (an expedited removal order interrupts an alien’s continuous physical presence for cancellation purposes). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Benigno Memije Carbejal, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellatio
Key Points
01MEMORANDUM ** Benigno Memije Carbejal, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellatio
02We review for substantial evidence the agency’s continuous physical presence determination.
03Substantial evidence supports the agency’s determination that Memije Carbejal did not meet the continuous physical presence requirement where the record includes a Departure Verification form and a Notice and Order of Expedited Removal.
04Gonzales, 485 F.3d 509, 512 (9th Cir.2007) (an expedited removal order interrupts an alien’s continuous physical presence for cancellation purposes).
Frequently Asked Questions
MEMORANDUM ** Benigno Memije Carbejal, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellatio
FlawCheck shows no negative treatment for Carbejal v. Mukasey in the current circuit citation data.
This case was decided on September 8, 2008.
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