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VALENCIA-ALVAREZ v. GONZALES

No. 05-70275.

469 F.3d 1319 (2006)

Daniel VALENCIA-ALVAREZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2006.

Attorney(s) appearing for the Case

Bernice Funk, Seattle, WA, for the petitioner.

Peter D. Keisler, David V. Bernal, Russell J.E. Verby, Cindy S. Ferrier, Department of Justice, Washington, D.C., for the respondent.

Before THOMPSON, TASHIMA, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge.

Petitioner, Daniel Valencia-Alvarez, a native and citizen of Mexico, seeks relief from the Board of Immigration Appeals' determinations that he was removable for having been convicted of a controlled substance offense and that he was ineligible for cancellation of removal because his continuous presence in the United States "stopped" at the time he committed the offense. On appeal, Valencia-Alvarez basically advances two arguments. First,...

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