Mendoza Ramirez v. Holder

366 F. App'x 850

Opinion

MEMORANDUM **

Alejandra Mendoza Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Melkonian v. Ashcroft, 320 F.3d 1061,1065 (9th Cir.2003), and review de novo constitutional claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Mendoza Ramirez failed to establish the ten years of continuous physical presence required for cancellation of removal. See 8 U.S.C. § 1229b(d)(2) (departure in excess of ninety days breaks continuous physical presence).

The record does not support Mendoza Ramirez’s contention that the IJ’s manner of questioning her violated due process. See Melkonian, 320 F.3d at 1072.

PETITION FOR REVIEW DENIED.

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