Timbreza

Timbreza v. Ashcroft

Good Law
98 F. App'x 611
United States Court of Appeals for the Ninth CircuitMay 5, 2004No. 02-72507, A45-228-894California1,300 words

Opinion

Lead Opinion

MEMORANDUM **

Romeo Umagat Timbreza, a citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the decision of an Immigration Judge (“IJ”) fincding Timbreza removable both under 8 U.S.C. § 1227 (a)(1)(G)(i), for having procured an entry visa through marriage fraud, and under 8 U.S.C. § 1227 (a) (1) (G) (ii), for having failed to fulfill a marital agreement made for the purpose of procuring admission as an immigrant. Timbreza also challenges the constitutionality of the BIA’s streamlined *613 appeals process under 8 C.F.R. § 1003.1 (a)(7). We deny Timbreza’s petition for review.

We review the BIA’s findings and credibility determinations under the substantial evidence standard of review. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Under this standard, we uphold findings and credibility determinations made by BIA unless the evidence compels a contrary result. Hernandez-Montiel v. INS, 225 F.3d 1084, 1090 (9th Cir.2000). Where, as here, the BIA affirms without opinion, the decision of the IJ is the final agency decision for our review. 8 C.F.R. § 1003.1…

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