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LOPEZ-ALVARADO v. ASHCROFT

No. 02-74204.

371 F.3d 1111 (2004)

Hugo LOPEZ-ALVARADO; Maria Trinidad Lizardo de Lopez; Hugo Giovani Lopez-Lizardo, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2004.

Attorney(s) appearing for the Case

Dorothea K. Langsam, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA; Michael K. Ungar and Deborah L. Smith, Simmons & Ungar, San Francisco, CA, for the petitioner.

Peter D. Keisler, Assistant United States Attorney, Richard M. Evans, Assistant Director, and Patricia L. Buchanan, Trial Attorney, Washington, DC, for the respondent.

Before REINHARDT, McKEOWN, and PAEZ, Circuit Judges.

McKEOWN, Circuit Judge.

We reaffirm here the principle that "the time element of an alien's residency ... may be shown by credible direct testimony or written declarations." Vera-Villegas v. INS, 330 F.3d 1222, 1225 (9th Cir.2003). To qualify for the discretionary relief of cancellation of removal, an alien must, as a threshold matter, have been physically present in the United States for a continuous period of no less than...

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