Taguinod

Taguinod v. Ashcroft

Good Law
115 F. App'x 367
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-71779California214 words

Opinion

Lead Opinion

MEMORANDUM **

Marissa Taguinod, a native and citizen of the Philippines, petitions for review from the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of her application for adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review de novo claims of constitutional violations, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and questions of law, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002). We deny the petition for review.

Taguinod’s claim that the IJ’s denial of her application violated her Fifth Amendment right against self-incrimination, is without merit. As an applicant for discretionary relief, Taguinod had the burden of proof to establish that she qualifies for discretionary relief. We find that the IJ correctly applied Matter of Marques, 16 I & N Dec. 314, 316 (BIA 1977). See United States v. Rylander, 460 U.S. 752, 758 , 103 S.Ct. 1548 , 75 L.Ed.2d 521 (1983).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.