Galvez

Galvez v. Ashcroft

Good Law
104 F. App'x 677
United States Court of Appeals for the Ninth CircuitAugust 16, 2004No. 02-72701; Agency No. A75-308-878California241 words

Opinion

Lead Opinion

MEMORANDUM **

Enedilia Diego Galvez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of her application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review due process challenges de novo, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004), and determinations of eligibility for asylum for substantial evidence, Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998), and we deny the petition.

Diego Galvez’s due process challenge to the BIA’s streamlining of her appeal is foreclosed by Falcon Carriche, 350 F.3d at 849-52 .

Because Diego Galvez failed to establish that the sexual abuse she alleged was on account of one of the five statutory grounds, she failed to establish eligibility for asylum. 8 U.S.C. § 1101 (a)(42)(A); Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir.2001).

Diego Galvez’s claim that her due process rights were violated by the manner in which the IJ conducted her hearing fails because an IJ may ask questions of an alien during…

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