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Lorena Velazquez Lopez v. Loretta E. Lynch
670 F. App'x 518
9th Cir.
2016
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*1 Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.

Lorena Velazquez Lopez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, including due process *2 claims. Mohammed v. Gonzales , 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The record does not support Velazquez Lopez’s contention that in denying her application for cancellation of removal for failure to establish the requisite hardship, the IJ assumed facts that were not in the record regarding the availability of other relatives to care for Velazquez Lopez’s parents. Rather, the IJ denied for lack of evidence regarding the availability of other relatives to care for Velazquez Lopez’s parents. See 8 U.S.C. § 1229a(c)(4) (an alien has the burden of establishing eligibility for relief from removal).

Because the BIA denied Velazquez Lopez’s cancellation of removal application solely due to her failure to establish the requisite hardship, we may not review Velazquez Lopez’s contentions regarding good moral character. See Andia v. Ashcroft , 359 F.3d 1181, 1184 (9th Cir. 2004) (“In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency.”).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 14-72184

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Lorena Velazquez Lopez v. Loretta E. Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 3, 2016
Citation: 670 F. App'x 518
Docket Number: 14-72184
Court Abbreviation: 9th Cir.
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