Salgado-Hernandez

MEMORANDUM **

Cecilio Salgado-Hernandez and Maria Elena Salgado, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) order denying their applications for cancellation of removal. We review constitutional claims de novo, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and we deny the petition for review.

Petitioners contend the IJ violated their due process rights by denying their motion to continue proceedings so they could obtain additional evidence of hardship. To prevail on a due process claim, Petitioners must show an error, and demonstrate that the error affected the outcome of the proceedings. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000).

Here, the IJ denied cancellation both for lack of hardship and for lack of continuous physical presence. Petitioners have waived any challenge to the physical presence determination by failing to raise it in their opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). As the physical presence determination alone renders Petitioners ineligible for cancellation of removal, they cannot…