Freeman

Freeman v. Ashcroft

Good Law
85 F. App'x 595
United States Court of Appeals for the Ninth CircuitJanuary 12, 2004No. 02-72964; Agency No. A41-237-600California1,154 words

Opinion

Lead Opinion

MEMORANDUM **

Juliet Lagundino Freeman (“Freeman”), a native and citizen of the Philippines, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of suspension of deportation, voluntary departure, a misrepresentation waiver, and a “good faith” hardship waiver under 8 U.S.C. § 1186a(c)(4)(B) (1994). 1 Because the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a, as amended by IIRIRA § 309(c)(4). Because the BIA adopted the IJ’s reasoning, we review the BIA’s decision, along with the reasons specified by the IJ. See Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (‘Where ... the BIA has reviewed the IJ’s decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.”). We deny the petition for review.

Because the parties are familiar with the factual and procedural background, we do not repeat it here. We review factual findings under the substantial evidence standard. INS v.…

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