Vargas-Ayala

MEMORANDUM ***

Jose Manuel Vargas-Ayala and his wife Maria Guadalupe Vargas, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) order of removal and denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence credibility findings, Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999), and review de novo the petitioners’ due process challenge, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding based on observations that Mrs. Vargas changed her testimony regarding her continuous physical presence in the United States, after receiving nonverbal cues from her husband while testifying. See Singh-Kaur, 183 F.3d at 1151 (giving “special deference” to a credibility determination based on demeanor). Mrs. Vargas therefore failed to establish eligibility for cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir. 2003) (explaining an applicant must…