GAMEZ-SORTO v. HOLDER, 358 Fed.Appx. 901 (9th Cir. 2009)
Jose Milton GAMEZ-SORTO, Petitioner, v. Eric H. HOLDER Jr., AttorneyGeneral, Respondent.
No. 05-71092.United States Court of Appeals, Ninth Circuit.Submitted November 17, 2009.[fn*]
Filed December 9, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn*] The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P.34(a)(2).
Jose Milton Gamez-Sorto, Van Nuys, CA, pro se.
CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Thomas J. Gullo, Esquire, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A078-956-276.
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
MEMORANDUM[fn**]
[fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Milton Gamez-Sorto, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997 ("NACARA"). We have jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163,1166 (9th Cir. 2008), we deny the petition for review.
Gamez-Sorto's contentions are foreclosed by this court's recent decision in Barrios v. Holder, 581 F.3d 849, 858-65
(9thPage 902
Cir. 2009) (holding that a minor who seeks relief as a derivative under NACARA must personally satisfy the requirement of seven years of continuous physical presence and that a parent's physical presence in the United States cannot be imputed to the minor).
PETITION FOR REVIEW DENIED.