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GARCIA v. HOLDER

No. 12-2259.

732 F.3d 308 (2013)

Baltazar Olea GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeremy Layne McKinney , McKinney Perry & Coalter, Greensboro, North Carolina, for Petitioner. Brendan Paul Hogan , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Stuart F. Delery , Principal Deputy Assistant Attorney General, Cindy S. Ferrier , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review denied by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge FLOYD joined.

DIANA GRIBBON MOTZ, Circuit Judge:

In this appeal, Baltazar Olea Garcia challenges an order of the Board of Immigration Appeals ("BIA") denying his application for cancellation of removal on the ground that he failed to meet the "continuous physical presence" requirement of 8 U.S.C. § 1229b. We deny Garcia's petition for review.

I.

In 1995, Garcia, a native and citizen of Mexico, entered the United States illegally. In 2001, he left this country...

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