Vizcardo-Llamas

Vizcardo-Llamas v. Immigration & Naturalization Service

Good Law
20 F. App'x 722
United States Court of Appeals for the Ninth CircuitOctober 10, 2001No. 99-70713; I & NS No. A73 419 850 A73-419-851California511 words

Opinion

Lead Opinion

MEMORANDUM *

Vizcardo-Llamas petitions for review of the decision of the Board, which dismissed his appeal from the immigration judge’s decision that Vizcardo-Llamas was not eligible for asylum or withholding of deportation. The Board had jurisdiction pursuant to 8 C.F.R. § 3.1 (b) and we have jurisdiction over the timely filed petition pursuant to 8 U.S.C. § 1105a(a). We grant the petition and remand to the Board for further consideration.

Whether we review the opinion of the Board or that of the immigration judge depends on the type of review the Board conducted. If it simply adopts the immigration judge’s opinion, then we review the immigration judge’s decision. Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996). Otherwise, we review only the Board’s deci *723 sion. Id. Reading the decision of the Board in context, it is clear that the Board conducted a de novo review of the immigration judge’s decision. Thus, we review the decision of the Board, rather than that of the immigration judge. Perez v. INS, 96 F.3d 390, 392 (9th Cir.1996).

It is not clear to us that Vizcardo-Lla-mas has adequately raised the issue of past persecution in his notice of appeal or briefs before the…

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