Adamos

Adamos v. Ashcroft

Good Law
85 F. App'x 643
United States Court of Appeals for the Ninth CircuitJanuary 15, 2004Nos. 02-74335, 02-74336; Agency Nos. A76-857-749, A76-857-750California419 words

Opinion

Lead Opinion

MEMORANDUM **

Diana Adamos and Ernesto Adamos, wife and husband, and natives and citizens of the Philippines, petition for review of orders of the Board of Immigration Appeals (“BIA”) summarily affirming without opinion an immigration judge’s _ (“IJ”) order denying their respective applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 (b). We deny both petitions.

Diana Adamos contends that the BIA’s summary affirmance of the IJ’s decision pursuant to the streamlining regulation at 8 C.F.R. § 1003.1 (e)(4) violates her due process rights. This contention fails because the regulation found at 8 C.F.R. § 1003.1 (e)(4) is in every material respect identical to that found at 8 C.F.R. § 1003.1 (a)(7), and the latter does not violate due process. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-50 (9th Cir. 2003) (holding that the procedure under 8 C.F.R. § 1003.1 (a)(7) does not violate due process).

Substantial evidence supports the IJ’s denial of Diana Adamos’s application for asylum because the single threat made against her, without more, does not constitute past persecution and she did not show sufficient credible, direct, and specific…

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