Apolinar Diosdado-Rios 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
APOLINAR DIOSDADO-RIOS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70323
Agency No. A091-578-436
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Apolinar Diosdado-Rios, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision pretermitting his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims
FILED
JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70323 2
of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d
510, 516 (9th Cir. 2001). We deny the petition for review.
Diosdado-Rios’ claims that the pretermission of his application for
cancellation of removal violated his due process and equal protection rights are
unavailing. See Juarez-Ramos v. Gonzales, 485 F.3d 509, 511-12 (9th Cir. 2007)
(an expedited removal order interrupts continuous physical presence for purposes
of cancellation of removal, and Congress is within its discretion in drawing a
distinction between those subjected to expedited removal and those who are not);
see also 8 U.S.C. § 1229b(b)(1); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error for due process violation).
PETITION FOR REVIEW DENIED.

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