Voniwai

Voniwai v. Ashcroft

Good Law
107 F. App'x 761
United States Court of Appeals for the Ninth CircuitAugust 16, 2004Nos. 02-70760, 02-73181; Agency No. A72-671-010California520 words

Opinion

Lead Opinion

MEMORANDUM ***

Isapela Fika Voniwai, a native and citizen of Fiji, has filed two petitions for review which have been consolidated by *763 this court. In No. 02-70760, Voniwai petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of her application for suspension of deportation in which she seeks remand for a full hearing on her involuntarily withdrawn asylum claim. In No. 02-73181, Voniwai petitions for review of the BIA’s denial of her motion to reopen and motion for remand. We have jurisdiction pursuant to 8 U.S.C. § 1105a. We review de novo claims of due process violations in deportation proceedings. See Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We review denial of motions to reopen for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part, and grant in part, the petition for review in No. 02-70760. We grant the petition for review in No. 02-73181.

In No. 02-70760, her petition challenging the denial of suspension, Voniwai contends that the immigration judge denied her a full and fair hearing and that she received ineffective assistance of counsel.…

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