Florencio Lopez-Villanueva 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NOT FOR PUBLICATION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
FLORENCIO LOPEZ-VILLANUEVA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73242
Agency No. A079-287-488
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Florencio Lopez-Villanueva, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order affirming an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
FILED
JAN 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73242 2
evidence the agency’s continuous physical presence determination, Ibarra-Flores
v. Gonzales, 439 F.3d 614, 618 (9th Cir. 2006), and review de novo claims of
constitutional violations in immigration proceedings, Iturribarria v. INS, 321 F.3d
889, 894 (9th Cir. 2003). We deny the petition for review.
Substantial evidence supports the agency’s determination that Lopez-
Villanueva did not meet the continuous physical presence requirement where the
record includes a Notice and Order of Expedited Removal as well as other
government documents corroborating the expedited removal. See Juarez-Ramos v.
Gonzales, 485 F.3d 509, 511 (9th Cir. 2007) (expedited removal order interrupts an
alien’s continuous physical presence for cancellation purposes).
Lopez-Villaneuva’s due process claims fail because he cannot demonstrate
prejudice. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000) (requiring
prejudice for a petitioner to prevail on a due process claim); see also Espinoza v.
INS, 45 F.3d 308, 310-11 (9th Cir. 1995) (presuming reliability of authenticated
immigration forms).
PETITION FOR REVIEW DENIED.

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