Opinion
No. 08-73582 Agency No. A095-175-863
07-19-2012
MARIA D. BUCIO ESCOBEDO, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: SCHROEDER, THOMAS and SILVERMAN, Circuit Judges.
Maria D. Bucio Escobedo, a native and citizen of Mexico, petitions pro se for review of a Board of Immigration Appeals order dismissing her appeal from an immigration judge's denial of her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
Escobedo's contention that the Board's summary affirmance of the immigration judge's decision violated her due process rights is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-52 (9th Cir. 2003).
Substantial evidence supports the immigration judge's determination that Escobedo did not meet the continuous physical presence requirement, because her testimony established that she left the United States for more than 90 days from 1998 to 1999, thereby interrupting the accrual of continuous physical presence in the United States. See Gutierrez v. Mukasey, 521 F.3d 1114, 1117 (9th Cir. 2008) (acknowledging that service of the notice to appear halts the accrual of continuous physical presence). Because Escobedo's inability to establish physical presence was dispositive, any evidence supporting the other elements of cancellation would not have changed the outcome of the proceedings.
We deny Escobedo's request for remand to the Board for the Office of the Chief Counsel to consider prosecutorial discretion and administrative closure. We express no opinion as to Escobedo's entitlement to either form of relief.
PETITION FOR REVIEW DENIED.