Cerda-Becerra v. Holder

444 F. App'x 992

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 25, 2011
• Docket: 07-71953
• Status: Unpublished

Opinion

MEMORANDUM **

Maria Cerda-Becerra, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision pretermitting her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and claims of due process violations, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005), and we deny the petition for review.

The IJ properly determined that Cerda-Becerra abandoned her application for cancellation of removal because it was not filed by the IJ’s deadline. See 8 C.F.R. § 1003.31(c) (IJ may set filing deadlines and deem waived an application not filed by the deadline); see also Matter of R-R-, 20 I. & N. Dec. 547, 549 (BIA 1992) (“The Board has long held that applications for benefits under the Act are properly denied as abandoned when the alien fails to timely file them.”). It follows that Cerda-Becer-ra’s due process rights were not violated. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a petitioner to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

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