Pacheco-Rojas
Pacheco-Rojas v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Tomasa Pacheco-Rojas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order 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 for substantial evidence the IJ’s decision that an applicant has failed to establish continuous physical presence in the United States, see Vera-Villegas v. INS, 330 F.3d 1222, 1230 (9th Cir.2003), and review de novo claims of due process violations in immigration proceedings, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition for review.
Given Pacheco-Rojas’ admission that she was previously ordered excluded and removed, substantial evidence supports the IJ’s determination that Pacheco-Rojas is ineligible for cancellation of removal because she failed to establish continuous physical presence. See 8 U.S.C. § 1229b(b)(1)(A); Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 970 (9th Cir.2003). Because the IJ correctly determined that the prior order of exclusion and removal ended her accrual of physical presence, pretermission of the proceedings did not…