FILED
NOT FOR PUBLICATION NOV 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LORENA VELAZQUEZ LOPEZ, No. 14-72184
Petitioner, Agency No. A087-596-524
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Lorena Velazquez Lopez, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is governed
by 8 U.S.C. § 1252. We review de novo questions of law, including due process
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny
in part and dismiss in part the petition for review.
The record does not support Velazquez Lopez’s contention that in denying
her application for cancellation of removal for failure to establish the requisite
hardship, the IJ assumed facts that were not in the record regarding the availability
of other relatives to care for Velazquez Lopez’s parents. Rather, the IJ denied for
lack of evidence regarding the availability of other relatives to care for Velazquez
Lopez’s parents. See 8 U.S.C. § 1229a(c)(4) (an alien has the burden of
establishing eligibility for relief from removal).
Because the BIA denied Velazquez Lopez’s cancellation of removal
application solely due to her failure to establish the requisite hardship, we may not
review Velazquez Lopez’s contentions regarding good moral character. See Andia
v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (“In reviewing the decision of the
BIA, we consider only the grounds relied upon by that agency.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 14-72184