FILED NOT FOR PUBLICATION FEB 24 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALEJANDRA MENDOZA RAMIREZ, No. 07-74483 Petitioner, Agency No. A095-310-841 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 16, 2010 ** Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges. 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 * 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). TL/Research 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. TL/Research 2 07-74483
Mendoza Ramirez v. Holder
Court: Court of Appeals for the Ninth Circuit
Date filed: 2010-02-24
Citations: 366 F. App'x 850
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