Gomez-Gonzalez

Gomez-Gonzalez v. Ashcroft

Good Law
90 F. App'x 994
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-72835California316 words

Opinion

Lead Opinion

MEMORANDUM **

Imelda Julia Gomez-Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) order denying her motion to terminate removal proceedings and for relief under the Nicaraguan and Central American Relief Act of 1997 (“NA-CARA”). We have jurisdiction to review Petitioner’s contention that NACARA section 202(b) violates equal protection, and we review this constitutional claim de novo. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). We deny the petition.

“ ‘Line drawing’ decisions made by Congress ... in the context of immigration and naturalization must be upheld if they are rationally related to a legitimate government purpose,” Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001), and “[e]hallengers have the burden to negate ‘every conceivable basis which might support [a legislative classification] ... whether or not the basis has a foundation in the record.’ ” Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1164 (9th Cir.2002) (quoting Heller v. Doe, 509 U.S. 312, 320-21 , 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993)). Petitioner has not met this burden, because…

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