Mishustin

Mishustin v. Ashcroft

Good Law
99 F. App'x 98
United States Court of Appeals for the Ninth CircuitMay 13, 2004Nos. 02-74395, 02-74396, 02-74397, 02-74398; Ins No. A77-427-429, A77-427-430, A77-427-431, A77-427-432California869 words

Opinion

Lead Opinion

*100 MEMORANDUM ***

Four Russian citizens, Oleg Mishustin and his wife, Iraida, and two children, Victoria and Pavel, petition for review of the Board of Immigration Appeals’ (BIA) affirmance without opinion of the Immigration Judge’s (IJ) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petitions for review because the Mishustins’ due process, statutory, and regulatory arguments fail and because substantial evidence supports the IJ’s decision.

The Mishustins contend that BIA’s “streamlining” procedures, under which a single member of the BIA can affirm without opinion an IJ’s decision, violated their statutory, regulatory, and due process rights. We disagree. “[Sjtreamlining does not violate an alien’s due process rights.” Falcon Carriche v. Ashcroft, 350 F.3d 845, 848 (9th Cir.2003). The Mishustins have not demonstrated that the streamlining procedures violate any regulatory or statutory provisions. See id. at 850 (streamlining procedure provides aliens with “all of the administrative appeals to which they were entitled by statute”; “ ‘[n]or…

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