U.S. Court of Appeals for the Ninth Circuit, 2010

Alejandra Maldonado v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided September 27, 2010 · Silverman, Callahan, Smith

397 F. App'x 342

Counsel

Michael Paul Karr, Law Offices of Michael P. Karr & Associates, Sacramento, CA, for Petitioner., Lisa Marie Arnold, Senior Litigation Counsel, OIL, Stacy Stiffel Paddack, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

*343 MEMORANDUM **

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 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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