Won

Won v. Ashcroft

Good Law
95 F. App'x 223
United States Court of Appeals for the Ninth CircuitApril 14, 2004No. 02-73289; Agency No. A38-653-130California457 words

Opinion

Lead Opinion

MEMORANDUM *

Hye Jung Won, a native and citizen of the Republic of Korea, petitions for review of the Board of Immigration Appeals’ denial of her application for admission as a returning lawful permanent resident. See 8 U.S.C. § 1182 (a)(7)(A)(i)(I). We deny her petition.

(1) Won first asserts that the BIA improperly refused to accept her late-submitted brief. We disagree. In fact, the BIA gave her proper notice that her brief was due on a particular date and that merely filing a request for an extension would not change that date. Cf. Singh v. INS, 340 F.3d 802, 806 (9th Cir.2003) (where notice not properly given, alien could not be held to a particular date), amended by 362 F.3d 1164 (9th Cir.2004). She requested an extension and did not receive notice of extension before the due date. Incidentally, she did not even file her brief by her own requested new due date. There was no abuse of discretion in the refusal to accept her brief.

(2) Despite Won’s claim to the contrary, our careful review of the record satisfies us that the Immigration Judge’s determination that she had abandoned her lawful permanent resident status was supported by substantial evidence, which was…

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