Vaddempudi

Vaddempudi v. Ashcroft

Good Law
90 F. App'x 523
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 02-70846; Agency No. A75-566-836California474 words

Opinion

Lead Opinion

MEMORANDUM **

Srinivas Vaddempudi, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims concerning immigration proceedings. Antonio-Cruz v. INS, 147 F.3d 1129, 1131 (9th Cir.1998). We deny the petition for review.

Vaddempudi’s contention that he was not given an opportunity to submit a brief to the BIA because the BIA failed to send him notice of the briefing schedule, failed to respond to his request to file a late brief, and failed to mail him its final decision, does not state a due process violation because his notice of appeal to the BIA effectively set forth six alleged errors in the IJ’s decision, his appeal to this Court does not contain any issue not mentioned in his notice of appeal to the BIA, he failed to submit a brief to the BIA within the four week extension that he sought or during the course of the many months that followed before the BIA issued its decision, he…

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