FILED
NOT FOR PUBLICATION JUL 25 2011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 CERDA-BECERRA, No. 07-71953
Petitioner, Agency No. A098-219-283
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
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
*
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).
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-Becerra’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.
2 07-71953