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358 F. App'x 901

Gamez-Sorto v. Holder

U.S. Courts of Appeals

Decided December 9, 2009

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U.S. Courts of Appeals · decided 2009-12-09

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Barrios v. Holder · Cerezo v. Mukasey

Decided 2009-12-09

MEMORANDUM

¶1 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.

¶2 Gamez-Sorto’s contentions are foreclosed by this court’s recent decision in Barrios v. Holder, 581 F.3d 849, 858-65 (9th *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).

¶3 PETITION FOR REVIEW DENIED.

¶4 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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