Julia Rincon-De Picciotto v. Eric H. Holder Jr.

MEMORANDUM

In these consolidated petitions for review, Julia Rincon-De Picciotto, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from an immigration judge’s (“IJ”) decision pre-termitting her application for cancellation of removal, and denying her motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and claims of due process violations, and for abuse of discretion the denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

The agency did not err or violate due process by pretermitting Picciotto’s application for cancellation of removal where she lacked seven years of continuous residence in the United States after being “admitted in any status.” See 8 U.S.C. § 1229b; Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice to establish a due process violation); see also Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1103 (9th Cir.2011) (filing an application for adjustment of status does not confer admission); Guevara v. Holder, 649 F.3d 1086, 1094…