Perez

Perez v. Ashcroft

Good Law
99 F. App'x 106
United States Court of Appeals for the Ninth CircuitMay 14, 2004Nos. 02-72085, A75-256-387California372 words

Opinion

Lead Opinion

MEMORANDUM **

Maria M. Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of her applications for asylum and withholding of removal and for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We have jurisdiction to review due process challenges, and review de novo. Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). We deny the petition.

Perez’s first contention that the BIA’s summary affirmance process violates due process is foreclosed by our decision in Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-851 (9th Cir.2003) (holding that the BIA’s streamlining procedure does not violate an alien’s due process rights).

Perez also argues that she had a “settled expectation” that the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) would apply to her because she applied for asylum prior to the effective date of the permanent rules of the IIRIRA, and that it was a denial of due process to place her in removal proceedings. This contention is foreclosed by Vasquez-Zavala v. Ashcroft, 324 F.3d…

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