Tirado
Tirado v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Blanca Mirna Alvarado Tirado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming without opinion an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process challenges to immigration decisions, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004), and review for substantial evidence the agency’s determination regarding continuous physical presence in the United States, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We deny in part and grant in part the petition for review, and remand for further proceedings consistent with this memorandum disposition.
A sworn 1-130 application indicated and Tirado’s brother testified that Tirado entered the United States in 1990 rather than 1987. Substantial evidence therefore supports the IJ’s finding that Tirado failed to establish her continuous physical presence in the United States between 1987 and 1997. See 8 U.S.C. § 1229b(b)(1)(A).
Tirado’s contention that the statute’s physical presence requirement violates her due…