Luna-Salinas

MEMORANDUM **

Nohemi Luna-Salinas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) streamlined decision affirming the Immigration Judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review questions of law de novo, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004), and factual findings for substantial evidence, Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004). We review constitutional challenges de novo. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Luna-Salinas’ contention that the BIA improperly streamlined her appeal is foreclosed by this court’s decision in Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

The IJ’s conclusion that Luna-Salinas accepted an administrative voluntary departure when she was apprehended and returned to Mexico by the Border Patrol in 1992 in lieu of formal deportation proceedings is supported by substantial evidence. Moreover, the IJ correctly concluded that an administrative voluntary departure after apprehension by the Border Patrol upon attempted illegal…