Elsa Villalobos Garcia v. Eric H. Holder Jr. , 362 F. App'x 742 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELSA VILLALOBOS GARCIA, No. 08-74622
Petitioner, Agency No. A097-361-208
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted January 11, 2010
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Elsa Villalobos Garcia, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing her appeal from the
Immigration judge’s decision denying her application for cancellation of removal.
*
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).
jlf/Inventory
The BIA determined that petitioner is ineligible for cancellation of removal
because she lacks a qualifying relative. See 8 U.S.C. § 1229b(b)(1)(d); Molina-
Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir. 2002). Petitioner alleged that the
qualifying relative provision of 8 U.S.C. § 1229b(b)(1)(D) violates the Equal
Protection Clause because there is no rational basis for distinguishing between
aliens who have qualifying relatives and those who do not for purposes of
cancellation of removal relief. Petitioner’s challenge to the constitutionality of the
statute is foreclosed. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th
Cir. 2003) (holding that placing aliens in removal, rather than deportation,
proceedings does not by itself amount to a due process violation); Hernandez-
Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir. 2002) (no equal protection
violation arising from placing aliens in removal rather than deportation
proceedings).
PETITION FOR REVIEW DENIED.
jlf/Inventory 2 08-74622