Maria Aldaco-De Carranza v. Eric H. Holder Jr.

Good Law
423 F. App'x 728
United States Court of Appeals for the Ninth CircuitMarch 23, 201108-73145California275 words

Opinion

Opinion

MEMORANDUM

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 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Contrary to Aldaco-De Carranza’s contention, Congress comported with equal protection when it repealed suspension of deportation and replaced it with cancellation of removal as the available form of relief for aliens who were placed in removal proceedings on or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 Aldaco-De Carranza’s contentions regarding hardship and her convictions, because her failure to establish continuous physical presence is dis-positive. See 8 U.S.C. § 1229b(b)(l)(A).

We lack jurisdiction to consider Aldaco-De Carranza’s challenge to the BIA’s October 8, 2008, order denying…

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