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Ka Cheung v. Eric J. Holder, Jr., Attorney General

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Before Boudin, Circuit Judge, Souter, Associate Justice, *fn1 and Thompson, Circuit Judge.

Petitioner Ka Cheung (“Cheung”), a native and citizen of Hong Kong, came to the United States in 1999. Rather than head home by the date his entry visa required, he stayed here. In 2010, an immigration judge (“IJ”) ordered Cheung removed after determining that he was ineligible for cancellation of removal because he had not maintained ten years of continuous physical presence in the United States as required by section 240A(b)(1)(A)-(D) of the Immigration and Nationality Act (“INA”). Cheung appealed to the Board of Immigration Appeals (“BIA”), which affirmed the IJ’s decision. On appeal to this court, Cheung argues that the BIA erred as a matter of law by failing to address his argument which challenged the IJ’s conclusion that he did not establish ten years of continuous physical presence. Discerning no error, we deny the petition.

I. Background

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