Segura

Segura v. Ashcroft

Good Law
103 F. App'x 131
United States Court of Appeals for the Ninth CircuitJune 23, 2004No. 02-70952California287 words

Opinion

Lead Opinion

MEMORANDUM ***

Ruben Segura, and his wife, Mima G. Barillas-Galdamez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of their application for suspension of deportation. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the discretionary determination that Petitioners failed to establish extreme hardship rendering them ineligible for suspension of deportation. See Kalaw v. INS, 133 F.3d 1147,1151-52 (9th Cir.1997).

Because the transitional rules apply, see id. at 1150 , we have jurisdiction under 8 *133 U.S.C. § 1105a(a). We review de novo due process contentions. Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir .2002).

Petitioners’ contention that the BIA’s decision “without opinion” violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003).

Petitioners’ contention their due process rights to a neutral factfinder were violated because the IJ was biased against them is not supported by the record and lacks merit. Although the record reflects that the IJ questioned Petitioners…

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.