Lorena Velazquez Lopez v. Loretta E. Lynch

MEMORANDUM

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 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…