FILED
NOT FOR PUBLICATION MAR 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA CRISTINA ALDACO-DE No. 08-73145
CARRANZA, a.k.a. Maria Cristina
Aldaco, a.k.a. Maria Cristina Aldaco-Elias, Agency No. A043-951-692
Petitioner,
MEMORANDUM *
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Maria Cristina Aldaco-De Carranza, a native and citizen of Mexico, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
*
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).
her appeal from an immigration judge’s removal order. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review de novo claims of constitutional
violations in immigration proceedings. Ram v. INS, 243 F.3d 510, 516 (9th Cir.
2001). We deny in part and dismiss in part the petition for review.
Contrary to Alcado-De Carranza’s contention, Congress comported with
equal protection when it repealed suspension of deportation and replaced it with
cancellation of removal as the available form of relief for aliens who were placed
in removal proceedings on or after April 1, 1997. See Vasquez-Zavala v. Ashcroft,
324 F.3d 1105, 1108 (9th Cir. 2003); Hernandez-Mezquita v. Ashcroft, 293 F.3d
1161, 1163-65 (9th Cir. 2002).
We do not consider Alcado-De Carranza’s contentions regarding hardship
and her convictions, because her failure to establish continuous physical presence
is dispositive. See 8 U.S.C. § 1229b(b)(1)(A).
We lack jurisdiction to consider Aldaco-De Carranza’s challenge to the
BIA’s October 8, 2008, order denying her motion to reopen because she did not
timely petition for review of that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS,
315 F.3d 1186, 1188 (9th Cir. 2003).
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Joubin Nasseri’s motion to withdraw as counsel for petitioner is granted.
The Clerk shall change the docket to reflect that petitioner is proceeding pro se.
Petitioner’s address is: 1501 W. West Ave., Fullerton, CA 92883.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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