Pantaleon

Pantaleon v. Immigration & Naturalization Service

Good Law
52 F. App'x 431
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 02-70517; INS No. A70 503 049California401 words

Opinion

Lead Opinion

MEMORANDUM **

Primo Pantaleon, a native and citizen of the Philippines, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s denial of his requests for asylum and withholding of deportation. We deny the petition.

Pantaleon’s contention that the BIA’s decision violates due process is unpersuasive. Pantaleon has not sufficiently alleged that he did not receive a “full and fair hearing.” 1 See Larita-Martinez v. I.N.S., 220 F.3d 1092, 1095 (9th Cir.2000); Castillo v. I.N.S., 951 F.2d 1117, 1120-21 (9th Cir.1991). Further, Campos-Sanchez, 164 F.3d 448 (9th Cir.1999), on which Pantaleon relies, is limited to situations where “the BIA decides a case based on an independent, adverse credibility determination, contrary to that reached by the IJ. ” See Pal v. I.N.S., 204 F.3d 935, 939 (9th Cir.2000) (quoting Campos-Sanchez, 164 F.3d at 450 ) (emphasis in original). Here, the BIA and the IJ simply denied Pantaleon’s petition based on different elements of the same asylum claim, which Pantaleon consistently had the burden of proving. See Cordon-Garcia v. I.N.S., 204 F.3d 985, 990 (9th Cir.2000). That is not a denial of…

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