Martinez-Avelar

MEMORANDUM **

Milton Alberto Martinez-Avelar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s order of removal. We *516 have jurisdiction pursuant to 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 dismiss in part the petition for review.

The agency correctly determined that Martinez-Avelar could not demonstrate the requisite period of continuous physical presence prior to service of the notice to appear on June 27, 2001, because Martinez-Avelar conceded that he was not physically present in the United States between approximately October 1993 and January 2000. See 8 U.S.C. § 1229b(b)(l)(A), (d)(2).

Martinez-Avelar contends that the agency violated his procedural due process rights when it did not reinstate his prior deportation order, pursuant to 8 U.S.C. § 1231 (a)(5). We lack…