Neri

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the denial of petitioner’s application for cancellation of removal under 8 U.S.C. § 1229b(b)(l).

Respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). First, the record reflects that petitioner is statutorily ineligible for cancellation of removal because she cannot demonstrate ten years of continuous physical presence in the United States. See 8 U.S.C. § 1229b(b)(l)(A); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004) (holding that Agency’s factual determination of continuous physical presence is reviewed for substantial evidence).

Moreover, to the extent that petitioner seeks to challenge petitioner’s inability to apply for suspension of deportation on Equal Protection grounds, this claim lacks merit. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003) (denying claim that asylum application filed pri- or to IIRIRA required…