Hernandez-Sotelo

*100 MEMORANDUM **

Olga Hernandez-Sotelo, a native and citizen of Mexico, petitions for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the decision by an immigration judge (“IJ”) to deny her application for cancellation of removal. We have jurisdiction under 28 U.S.C. § 1252 . We review de novo the agency’s interpretations of purely legal questions, but give deference to the agency’s “interpretations and application of the immigration laws.” Pondoc Hernaez v. INS, 244 F.3d 752, 756 (9th Cir.2001). Factual findings are reviewed for substantial evidence. Bee id. We deny the petition.

Petitioner’s contention that the BIA’s summary affirmance without an opinion violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-49 (9th Cir.2003).

Petitioner concedes that she had not accrued ten years continuous physical presence in the United States when she received the Notice to Appear charging her as subject to removal. Petitioner’s contention that the IJ should have included her time in the United States after service of the Notice to Appear when calculating the duration of her continuous physical presence in the United States…