Jison

Jison v. Immigration & Naturalization Service

Good Law
72 F. App'x 638
United States Court of Appeals for the Ninth CircuitAugust 4, 2003No. 02-71875; Agency Nos. A72-440-564, A72-440-565, A72-440-566, A72-440-567, A72-440-568California1,535 words

Opinion

Lead Opinion

MEMORANDUM **

William Jison, a native and citizen of the Philippines, petitions this court for review of a Board of Immigration Appeals (BIA) decision denying his request for asylum and withholding of deportation. His wife, Windelina Jison and their three children, Winji, Wilindy, and Wilrose are derivative applicants whose petitions depend exclusively on the merits of Jison’s petition. Because deportation proceedings were instituted prior to April 1, 1997, but the BIA decision was rendered after October 30, 1996, the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We therefore have jurisdiction under 8 U.S.C. § 1105 (a).

1. This case demonstrates the difficulty we face directly reviewing an Immigration Judge (IJ)' decision. The BIA affirmed the decision without opinion under 8 C.F.R. § 3.1 (a)(7) (2002), thereby designating the IJ decision as the final agency opinion for purposes of judicial review, § 3.1(a)(7)(iii)(2002). This action hides from us the basis upon which the BIA affirmed the result. See id. (“An order affirming without opinion ... approves the result reached in the decision below; it does not necessarily imply approval of all of the…

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