Soe Min v. Ashcroft

*481 MEMORANDUM **

Petitioner Soe Min seeks review of a final order of the Board of Immigration Appeals (“BIA”) denying petitioner’s applications for asylum and withholding of deportation. Because petitioner was placed in deportation proceedings before April 1, 1997, and petitioner’s deportation order was issued after October 30, 1996, we have jurisdiction under 8 U.S.C. § 1105a(a) (1996), as amended by the transitional rules for judicial review established by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. We affirm the decision of the BIA.

The BIA affirmed without opinion the decision of the Immigration Judge (“IJ”). The IJ’s decision is the final agency determination. 8 C.F.R. § 1003.1 (e)(4) (2003).

Petitioner first brings a facial challenge to the BIA’s streamlined procedure for affirmance without opinion, asserting that this procedure constitutes unlawful rule-making and violates aliens’ statutory, regulatory, and due process rights to appeal an IJ’s decision. In Falcon Carriche v. Ashcroft, 335 F.3d 1009 (9th Cir.2003), amended by 350 F.3d 845 (9th Cir.2003), we considered and rejected a nearly identical challenge to the BIA’s…