Valdivia v. Gonzales, __ F.3d __, 2005 WL 2212319 (10th Cir. Sept. 13, 2005) (determination whether noncitizen is barred from cancellation of removal because of lack of physical presence is a non-discretionary issue, and therefore subject to judicial review; immigration judge properly denied cancellation due to lack of physical presence in the United States within 90 days of application for relief, under INA 240A(d)(2)).
http://laws..lp.findlaw.com/10th/049525.html