Blanca Beatriz Tucux 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NOT FOR PUBLICATION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
BLANCA BEATRIZ TUCUX,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73031
Agency No. A072-536-415
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.
Blanca Beatriz Tucux, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review
de novo questions of law and claims of constitutional violations in immigration
FILED
JAN 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73031 2
proceedings, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny
the petition for review.
The BIA did not err or violate due process in denying Tucux’s motion to
terminate where she failed to demonstrate that she filed a timely motion to reopen
or an application for suspension of deportation required for relief under the
Nicaraguan Adjustment and Central American Relief Act. See 8 C.F.R.
§ 1003.43(e)(1), (2); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error and prejudice for a petitioner to prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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