Florescu

Florescu v. Immigration & Naturalization Service

Good Law
6 F. App'x 612
United States Court of Appeals for the Ninth CircuitMarch 12, 2001No. 99-71250; INS No. A72-511-554California431 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Claudiu Cristian Florescu petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his application for asylum and denial of withholding of deportation. We deny the petition for review.

We reject Florescu’s contention that the BIA erred in dismissing his petition because the IJ allegedly violated Florescu’s right to due process by prejudging his case and denying him the opportunity to offer favorable evidence. We do not review Florescu’s allegation that the IJ “prejudged” his case because the BIA conducted a de novo review of the record and rejected the IJ’s findings regarding past persecution. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995) (stating that “[wjhere the [BIA] exercises its power to conduct a de novo review of the record, our review is limited to the decision of the Board”). Moreover, Florescu identifies no specific evidence that the IJ prevented him from offering that would have supported a finding that he currently has a reasonable fear of persecution by the Romanian government. Thus, Florescu has failed to demonstrate the requisite prejudice, i.e.,…

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