Reynoso-Huerta

Reynoso-Huerta v. Ashcroft

Good Law
102 F. App'x 72
United States Court of Appeals for the Ninth CircuitJune 18, 2004Nos. 02-72087California328 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco J. Reynoso-Huerta, 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 his applications for asylum, withholding of removal, and relief under the Convention Against Torture. 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.

Reynoso-Huerta’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).

Reynoso-Huerta also argues that he had a “settled expectation” that the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) would apply to him because he applied for asylum prior to the effective date of the permanent rules of the IIRIRA, and that it was a denial of *74 due process to place him in removal proceedings. This contention is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.