Maria Bucio Escobedo v. Eric H. Holder Jr.

MEMORANDUM

Maria D. Bucio Escobedo, a native and citizen of Mexico, petitions pro se for re view of a Board of Immigration Appeals order dismissing her appeal from an immigration judge’s denial of her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

Escobedo’s contention that the Board’s summary affirmance of the immigration judge’s decision violated her due process rights is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-52 (9th Cir.2003).

Substantial evidence supports the immigration judge’s determination that Escobe-do did not meet the continuous physical presence requirement, because her testimony established that she left the United States for more than 90 days from 1998 to 1999, thereby interrupting the accrual of continuous physical presence in the United States. See Gutierrez v. Mukasey, 521 F.3d 1114, 1117 (9th Cir.2008) (acknowledging that service of the notice to appear halts the accrual of continuous physical presence). Because Escobedo’s inability to establish physical presence was disposi-tive, any evidence supporting the other elements of cancellation would not have changed the…