Prado

Prado v. Ashcroft

Good Law
110 F. App'x 776
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 02-73046California305 words

Opinion

Lead Opinion

MEMORANDUM **

Julio Prado, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his motion to terminate proceedings to allow him to pursue a pending application for naturalization. We have jurisdiction under 8 U.S.C. § 1252 . *777 Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We deny the petition for review in part and dismiss in part.

The IJ properly denied Prado’s motion to terminate because, after giving Prado an opportunity to argue the merits of his motion, Prado did not offer any evidence that the matter involved exceptionally appealing or humanitarian factors. See 8 C.F.R. § 1239.2 (f).

We are not persuaded by Prado’s contention that the IJ violated due process by finding him removable on a ground that did not exist in 1992. The IJ found Prado removable in part because, when Prado entered the United States in 1992, he was inadmissible because of his prior conviction for a crime involving moral turpitude, see 8 U.S.C. §…

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