Moiny

Moiny v. Ashcroft

Good Law
112 F. App'x 615
United States Court of Appeals for the Ninth CircuitOctober 26, 2004No. 03-70218California709 words

Opinion

Lead Opinion

MEMORANDUM **

Beatrice Moiny petitions for review of a decision of the Board of Immigration Appeals (“BIA”), affirming without opinion the decision of the immigration judge (“IJ”). The IJ denied Moiny’s applications for asylum, withholding of removal, and Convention Against Torture relief. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), we deny the petition.

An application for asylum must be denied if the alien has firmly resettled in another country. 8 U.S.C. § 1158 (b)(2)(A)(vi). An alien is considered firmly resettled if, “prior to arrival in the United States ... she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement....” 8 C.F.R. § 208.15 .

Moiny argues that the IJ erred in finding her ineligible for asylum on the basis of firm resettlement. But substantial evidence in the record supports the presumption that Moiny was firmly resettled in Monaco before entering the United States. See Cheo v. INS, 162 F.3d 1227, 1229-30 (9th Cir.1998) (holding that lengthy undisturbed…

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