Burog-Perez
Burog-Perez v. Immigration & Naturalization Service
Opinion
Lead Opinion
Belinda Burog-Perez, a native of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying her motion to remand to permit her to file an asylum application. Ms. Burog argues that she faced persecution in the Philippines on account of her status as a lesbian and that she has a well-founded fear of such persecution should she be forced to return.
We are constrained by the immigration laws and our precedent to deny the petition. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.
I.
A denial of a motion to remand is reviewed for abuse of discretion. Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir. *888 2000). Purely legal questions are reviewed de novo. Id. “Because the BIA conducted an independent review of the record, our review is limited to the BIA’s decision.” Hernandez-Montiel v. INS, 225 F.3d 1084, 1090 (9th Cir.2000).
II.
The BIA may, as it did here, deny a motion to remand or reopen because the alien has not established a prima facie case of eligibility for the underlying relief sought. See Ordonez v. INS, 345 F.3d 777, 785 (9th Cir.2003). “[A] respondent demonstrates…