Rivas Estrada v. Ashcroft

Good Law
101 F. App'x 737
United States Court of Appeals for the Ninth CircuitJune 28, 2004Nos. 02-71999California290 words

Opinion

Lead Opinion

MEMORANDUM **

Rolando Abilio Rivas Estrada and his wife Dina Gloria Mazariegos Santos, both natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s denial of their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process contentions, Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002), and we deny the petition for review.

Petitioners’ contention that the BIA’s streamlining procedure does not comport with due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003).

Petitioners’ regulatory challenge to streamlining based on new evidence submitted to the BIA is unsupported by the record and lacks merit. See 8 C.F.R. § 1003.1 (a)(7)(ii); Falcon Carriche, 350 F.3d at 855 .

Petitioners waived all contentions pertaining to the denial of asylum and withholding of removal by failing to raise them in their petition for review. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (“Issues raised in a brief that are not supported by argument are deemed abandoned.”).

Pursuant…

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