Izazaga

Izazaga v. Ashcroft

Good Law
85 F. App'x 635
United States Court of Appeals for the Ninth CircuitJanuary 15, 2004No. 03-70677; Agency Nos. A75-301-739, A75-301-740California315 words

Opinion

Lead Opinion

MEMORANDUM **

Rosendo Bedolla Izazaga and his wife Alicia Villanueva Rosas, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s (“U”) denial of their applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we deny the petition for review.

Contrary to petitioners’ contention, the BIA’s summary affirmance procedure does not violate due process. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003). We do not consider petitioners’ contention, raised but not supported by argument, that the summary affirmance procedure violates due process as applied to their case. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996).

Substantial evidence supports the IJ’s determination, based on the 1998 State Department report on Mexico, that the Mexican government neither perpetrates abuses against Jehovah’s Witnesses, nor is unwilling or unable to control others who do. See Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000); Marcu…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.