Bilbao

Bilbao v. Ashcroft

Good Law
113 F. App'x 789
United States Court of Appeals for the Ninth CircuitNovember 1, 2004No. 03-72500; Agency Nos. A72-669-207, A72-669-206California401 words

Opinion

Lead Opinion

*790 MEMORANDUM **

Sindimio Gonzales Bilbao and Helen Soriano Bilbao, natives and citizens of the Philippines, petition pro se for review of a decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). Because the BIA affirmed the IJ’s decision without opinion, the IJ’s decision is considered the final agency determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We deny the petition.

The Bilbaos do not challenge the IJ’s adverse credibility determination; they instead argue that the IJ denied them due process by committing a number of procedural errors. Due process challenges to immigration decisions are reviewed de novo. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

The Bilbaos argue that the IJ impermissibly directed the government to call the asylum officer as a witness and sua sponte continued the removal hearing for that purpose. The Bilbaos have failed to substantiate this assertion, however, and their contention is inconsistent with the IJ’s…

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