Ortega De Pinon v. Immigration & Naturalization Service

MEMORANDUM ***

Sara Ortega de Pinon petitions for review from a final order of removal issued by the Board of Immigration Appeals. The Board affirmed, without opinion, the decision of the immigration judge denying Ortega’s application for cancellation of removal.

Under Section 242(g) of the Immigration and Nationality Act, 8 U.S.C. § 1252 (g), we have no jurisdiction to review Ortega’s challenges to “pre-commencement” actions of the Immigration and Naturalization Service (INS). 1 Jimenez-Angeles v. INS, 291 F.3d 594, 599 (9th Cir.2002) (holding that we lack jurisdiction over INS decisions about whether and when to commence removal proceedings). To the extent we have jurisdiction to review her other claims, we deny her petition.

Under Cortez-Felipe v. INS, 245 F.3d 1054, 1057 (9th Cir.2001), Ortega has not shown affirmative misconduct sufficient to justify equitable estoppel by alleging a ten-month delay between the date she filed her application and commencement of removal proceedings against her.

Placing her in removal rather than deportation proceedings did not violate due process. Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001); Jimenez-Angeles, 291 F.3d at 600 . Nor did it…