Solis

Solis v. Immigration & Naturalization Service

Good Law
21 F. App'x 654
United States Court of Appeals for the Ninth CircuitOctober 22, 2001No. 00-70326; I & NS No. A70 640 793California947 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Dalay Alalila Arreaga Solis (“Arreaga”) appeals the denial of her applications for asylum and withholding of deportation. Arreaga also contends that her due process rights were violated in her hearing before the immigration judge (“IJ”). The facts and prior proceedings are known to the parties, and are restated here only as necessary. We have jurisdiction under the Immigration and Naturalization Act, § 242(a)(2)(B)(ii), and we deny the petition for review.

I. Asylum and Withholding of Deportation

Where the Board of Immigration Appeals (“BIA”) reviews the IJ’s decision de novo, as in this case, our review is limited to the BIA’s decision, except to the extent that the Board expressly adopted the IJ’s opinion. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000) (citing Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995)). We review the BIA’s decision denying an asylum application under the substantial evidence standard. See id.; see also INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). This standard is extremely deferential, requiring a reviewing court to uphold the BIA’s denial unless the petitioner demonstrates “that the…

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