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CORRO-BARRAGAN v. HOLDER

No. 08-74697.

718 F.3d 1174 (2013)

Elisned Carine CORRO-BARRAGAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 2013.

Attorney(s) appearing for the Case

Helen B. Zebèl , Law Office of Helen B. Zebèl, San Francisco, CA, for Petitioner.

Tony West , Assistant Attorney General, Civil Division, John C. Cunningham , Senior Litigation Counsel, and Samia Naseem , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: J. CLIFFORD WALLACE, M. MARGARET McKEOWN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

This petition raises a matter of first impression in the Ninth Circuit regarding the interpretation of "physically present" in the voluntary departure provision of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1229c(b)(1)(A). We interpret physically present in this provision as requiring uninterrupted presence in the United States for at least one year and deny the petition for failure to meet this statutory...

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