Dwaidari

Dwaidari v. Immigration & Naturalization Service

Good Law
78 F. App'x 593
United States Court of Appeals for the Ninth CircuitOctober 17, 2003No. 02-72691; Agency No. A71-580-107California398 words

Opinion

Lead Opinion

MEMORANDUM **

The Board of Immigration Appeals (Board) denied Petitioner Dwaidari’s motion to reopen his deportation order issued in abstentia. Except as hereinafter provided, we have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 § 309(c), Romani v. INS, 146 F.3d 737 , 738 (9th Cir.1998), and we deny the petition for review.

The first issue raised by Dwaidari is whether the Board violated his right to due process by adhering strictly to the 180-day statutory deadline for filing motions to reopen. Dwaidari raised this due process challenge before the Board, and we review this question of law de novo. Gonzalez-Julio v. INS, 34 F.3d 820, 823 (9th Cir.1994) (‘Whether administrative procedures infringe constitutional rights is a legal issue reviewed de novo”).

The Board did not violate procedural due process in this case because subsection 1252b(c)(3)(A) offered Dwaidari an “opportunity to be heard ... at a meaningful time and in a meaningful manner.” Id.; see also Logan v. Zimmerman Brush Co., 455 U.S. 422, 437 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982) (“[T]he State certainly accords due process when…

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