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JUAREZ-RAMOS v. GONZALES

Nos. 05-72472, 05-75364.

485 F.3d 509 (2007)

Francisco JUAREZ-RAMOS, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2007.

Attorney(s) appearing for the Case

Leah W. Hurwitz, San Diego, CA, for the petitioner.

Erica B. Miles, U.S. Department of Justice, Washington, D.C., for the respondent.

Before T.G. NELSON, SUSAN P. GRABER, and SANDRA S. IKUTA, Circuit Judges.

T.G. NELSON, Circuit Judge.

I

The Board of Immigration Appeals (BIA) and an immigration judge (IJ) held that an expedited removal order in 1999 interrupted Francisco Juarez-Ramos's physical presence in the United States. Thus, they held that Juarez-Ramos could not establish the required ten years of physical presence necessary to be eligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1). In his petition for review,

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