Elauteria Armenta v. Eric Holder, Jr.

Good Law
473 F. App'x 662
United States Court of Appeals for the Ninth CircuitMay 23, 201209-71635California424 words

Opinion

Opinion

MEMORANDUM

Elauteria Armenta, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand and 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 abuse of discretion the denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007), for substantial evidence the agency’s continuous physical presence finding, Landin-Zavala v. Gonzales, 488 F.3d 1150,1151 (9th Cir.2007), and de novo claims of constitutional violations in immigration proceedings, Cruz Rendon v. Holder, 603 F.3d 1104,1109 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Armenta’s motion to remand where Armenta was not eligible for reappearing because she was already in removal proceedings. See, e.g., Alcaraz v. INS, 384 F.3d 1150 , 1154 n. 1 (9th Cir.2004) (“[Eligibility for reappearing is conditioned on aliens being disadvantaged by the retroactive stop-time rule.” (emphasis in original)).

Substantial evidence supports the BIA’s…

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