FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALEJANDRA MALDONADO, No. 08-73389
Petitioner, Agency No. A098-840-453
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Alejandra Maldonado, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the agency’s continuous physical presence determination, Lopez-Alvarado v.
Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for
review.
The record does not compel the conclusion that Maldonado met her
burden to establish continuous physical presence where she testified on more than
one occasion that she entered the United States in January 1996. See Singh-Kaur v.
INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (a contrary result is not compelled where
there is “[t]he possibility of drawing two inconsistent conclusions from the
evidence”) (internal quotation marks and citation omitted).
Maldonado’s due process contention regarding a continuance is unavailing.
PETITION FOR REVIEW DENIED.
2 08-73389