Alejandra Maldonado 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NOT FOR PUBLICATION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
ALEJANDRA MALDONADO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73389
Agency No. A098-840-453
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Alejandra Maldonado, a native and citizen of Mexico, petitions 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.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73389 2
the agency’s continuous physical presence determination, Lopez-Alvarado v.
Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004), and we deny the petition for
review.
The record does not compel the conclusion that Maldonado met her
burden to establish continuous physical presence where she testified on more than
one occasion that she entered the United States in January 1996. 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).
Maldonado’s due process contention regarding a continuance is unavailing.
PETITION FOR REVIEW DENIED.

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