Moscoso

ORDER

The memorandum disposition filed April 2, 2004, is hereby withdrawn and replaced by the disposition filed concurrently with this order.

The stay of mandate ordered April 8, 2004, is hereby lifted.

MEMORANDUM *

Petitioner seeks review of the Board of Immigration Appeals’ (BIA or Board) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition for review. As the parties are familiar with the facts, we recite them only as necessary to explain our decision.

1. We have rejected the contention that the Affirmance Without Opinion (AWO) or “streamlining” procedure, 8 C.F.R. § 1003.1 (a)(7), violates due process. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003). Nor did streamlining deny petitioner the regulatory right to an administrative appeal conferred by 8 C.F.R. § 1003.1 (b). An affirmance without an opinion is a form of appeal. Finally, petitioner’s claim that § 1003.1(b) requires appeal to a three-judge panel of the BIA has no basis in the language of the regulation.

2. Portillo argues that his case could not, and that no asylum or withholding of removal case could, properly…