Alejandra Maldonado v. Eric H. Holder Jr., No. 08-73389 (9th Cir. 2010)

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FILED SEP 27 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALEJANDRA MALDONADO, Petitioner, No. 08-73389 Agency No. A098-840-453 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. 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 * 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). 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. 2 08-73389

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