Rosa Elia Reynaga Reyes v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA ELIA REYNAGA REYES,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71552
Agency No. A076-363-320
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Rosa Elia Reynaga Reyes, native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for cancellation of removal.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial
evidence the agency’s continuous physical presence determination. Lopez-
Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004). We deny the petition
for review.
The record does not compel the conclusion that Reynaga Reyes met her
burden to establish continuous physical presence where she failed to provide
sufficient evidence supporting her presence from 1987 to 1989. See Singh-Kaur
v.INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (a contrary result is not compelled
where there is “[t]he possibility of drawing two inconsistent conclusions from the
evidence”) (internal quotation marks and citation omitted).
We do not consider Reynaga Reyes’s contention regarding hardship,
because her failure to establish continuous physical presence is dispositive. See 8
U.S.C. § 1229b(b)(1)(A).
Reynaga Reyes’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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