Edy Gonzalez-Soria v. Eric Holder, Jr.

MEMORANDUM ** Edy Gonzalez-Soria, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order *438 dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal and denying his motion to continue. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence finding, Landin-Zavala v. Gonzales, 488 F.3d 1150, 1151 (9th Cir.2007), for abuse of discretion the denial of a motionto continue, and de novo claims of constitutional violations in immigration proceedings, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review. Substantial evidence supports the agency’s determination that Gonzalez-Soria did not meet the continuous physical presence requirement where the record indicates that he was deported from the United States in 1997. See Landin-Zavala, 488 F.3d at 1153 (deportation or removal terminates the accrual of physical presence). The IJ did not abuse his discretion or violate due process in denying a continuance because Gonzalez-Soria did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a petitioner to prevail on a due process claim). Gonzalez-Soria’s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.