Susana Ferreira v. John Ashcroft, Attorney General Ronald J. Smith

Petitioner Susana Ferreira, a lawful permanent resident, appeals the district court’s denial of her petition for writ of habeas corpus. Ferreira pled guilty to one count of False Statement to Obtain Aid in violation of California Welfare and Institutions Code (“WIC”) section 10980(c)(2). On account of that conviction, an immigration judge concluded that Ferreira had been convicted of an aggravated felony and found her removable from the United States and ineligible for relief from removal. Ferreira contends that her conviction did not constitute an aggravated felony. She further argues that the Board of Immigration Appeals (“BIA”) violated her due process rights when it affirmed the immigration judge’s decision, without comment, pursuant to the new BIA streamlining provisions. Because Ferreira’s conviction involved fraud or deceit with a loss to a victim exceeding $10,000, and because streamlining does not violate an alien’s due process rights, we affirm the. district court’s denial of Ferreira’s habeas petition.

BACKGROUND

Ferreira, a native and citizen of Venezuela, was admitted to the United States in 1980 as a lawful permanent resident. Between 1997 and 2000, Ferreira was…