Diosdado-Rios v. Holder , 381 F. App'x 671 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
APOLINAR DIOSDADO-RIOS, No. 08-70323
Petitioner, Agency No. A091-578-436
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
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
*
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).
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.
2 08-70323