Avedian

MEMORANDUM **

Petitioner Valerik Avedian (“Avedian”) is a native and citizen of Iran who seeks suspension of deportation, asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). An Immigration Judge (“IJ”) denied relief, and the Board of Immigration Appeals (“BIA”) affirmed. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a)(l) (1996), as amended by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996). We grant Avedian’s petition for review in part, deny it in part, and remand.

I.

Avedian first argues that the IJ violated her right to due process by refusing to advance the merits hearing on her application for suspension of deportation. We are not persuaded. Avedian was granted a full and fair hearing on May 12, 1997, before the IJ denied her relief. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (“[A]n alien who faces deportation is entitled to a full and fair hearing of his claims and a reasonable opportunity to present evidence on his behalf.”) (citation omitted); cf. Fuentes v. Shevin, 407 U.S. 67, 80, 81-83 , 92…