Garcia

MEMORANDUM **

Patricia Camarillo Garcia and her husband Apolonio Garcia Munoz, natives and citizens of Mexico, petition pro se for review of orders of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence. Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We deny the petition in part, grant it in part, and remand for further proceedings consistent with this disposition.

Petitioners’ contention that the BIA’s summary affirmance procedure was inconsistent with due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-49 (9th Cir.2003).

Petitioners’ contention that the Nicaraguan Adjustment and Central American Relief Act favors certain aliens over others and therefore violates equal protection similarly fails because the Act “easily satisfies the rational basis test.” Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 603 (9th Cir.2002).

The IJ’s finding that Petitioners had not demonstrated the continuous physical presence requirement, however, was not supported by…