Morales-Conde

Morales-Conde v. Ashcroft

Good Law
116 F. App'x 152
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 02-74234; Agency No. A91-553-387California313 words

Opinion

Lead Opinion

MEMORANDUM **

Samuel Morales-Conde, a native and citizen of Mexico, petitions for review of the *153 Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review constitutional claims in immigration proceeding de novo. Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004). We deny in part and grant in part the petition for review.

Morales’ due process and regulatory challenges to the BIA’s streamlining of his case are foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 852, 855 (9th Cir.2003).

Morales’ contention that the IJ was biased against him is not supported by the record. See Melkonian v. Ashcroft, 320 F.3d 1061,1072 (9th Cir.2003).

Morales’ equitable estoppel claim fails because he did not submit any evidence to indicate that the government engaged in affirmative misconduct when it denied his Special Agricultural Worker’s application. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1184 (9th Cir.2001) (en banc) (equitable estoppel applies only if the government engages in “affirmative misconduct” which is defined “to…

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