GUTIERREZ v. MUKASEY

Nos. 04-75650, 06-70551.

521 F.3d 1114 (2008)

Fidel Serrano GUTIERREZ; Martha Cervantes; Alma Janeth Serrano Cervantes, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent. Fidel Serrano Gutierrez; Martha Cervantes; Alma Janeth Serrano Cervantes, Petitioners, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2008.


Attorney(s) appearing for the Case

Simon Salinas and Carlos A. Cruz, Tustin, California, for the petitioners.

Stacy S. Paddack, Hillel R. Smith, and Jeffery R. Leist, U.S. Department of Justice, Civil Division, Washington, D.C., for respondent United States of America.

Before: J. CLIFFORD WALLACE, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.


GOULD, Circuit Judge:

Fidel Serrano Gutierrez ("Serrano") petitions for review of a final order issued by the Board of Immigration Appeals ("BIA"), summarily affirming the Immigration Judge's ("IJ") denial of his application for cancellation of removal.1 In this opinion we address whether Serrano's departure from the United States in 1990 interrupted the accrual of his continuous physical presence for purposes of his application for cancellation...

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