Rebecca Lopez-Valdez v. Loretta E. Lynch

MEMORANDUM

Rebecca Lopez-Valdez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to continue, and review de novo due process claims and questions of law. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We review for substantial evidence the agency’s factual findings. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Lopez-Valdez’s challenges to her two 2001 expedited removal orders. See 8 U.S.C. § 1252 (e)(2); Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1138-39 (9th Cir.2008) (noting that “[sjection 1252(e) only permits review of expedited removal orders in a habeas corpus petition”).

Substantial evidence supports the agency’s determination that Lopez-Valdez’s 2001 expedited removal orders prevented her from establishing the ten years of continuous physical presence required for cancellation of removal. See 8 U.S.C. §…