Perez Vazquez v. Holder

FILED
NOT FOR PUBLICATION APR 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ESTELA PEREZ VAZQUEZ, No. 06-74634
Petitioner, Agency No. A096-052-289
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Estela Perez Vazquez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her application for cancellation of
*
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).
removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. Gomez-Lopez v.
Ashcroft, 393 F.3d 882, 884 (9th Cir. 2005). We review for substantial evidence
the agency’s factual findings. Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001).
We deny the petition for review.
The agency appropriately placed the burden on Perez Vazquez to establish
eligibility for relief from removal, and substantial evidence supports the BIA’s
conclusion that Perez Vazquez failed to meet her burden to establish eligibility for
cancellation of removal. See 8 U.S.C. § 1229a(c)(4).
Perez Vazquez’s claim that the IJ prematurely terminated proceedings after
she invoked her Fifth Amendment rights is not supported by the record.
PETITION FOR REVIEW DENIED.
2 06-74634