Court reviews denial of cancellation of removal application

Galvan v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0704n-06.pdf (unpublished, 11/12/2010).

The noncitizen challenged the denial on his application for cancellation of removal as a nonpermanent resident.  The IJ and BIA denied the application because he failed to prove that he satisfied the continuous physical presence requirement.

Importantly, the court exercised jurisdiction over the following legal questions, all of which were decided in the government's favor: (1) admission of the I-213, in which it gives a date of entry different from what was later claimed (admission was harmless because it was not the primary evidence, its contents were confirmed by the noncitizen, and other arguments were unexhausted), (2) whether his testimony was sufficient where there was no adverse credibility finding (credibility is not enough and also need corroborating evidence), (3)procedural challenges.