Flores-Santos

Flores-Santos v. Ashcroft

Good Law
117 F. App'x 610
United States Court of Appeals for the Ninth CircuitDecember 20, 2004Nos. 03-72931, A70-933-769, A70-933-770California274 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Luis Flores-Santos and his brother, Emmanuel Flores-Santos, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals summarily affirming an immigration judge’s (“IJ”) denial of their applications for suspension of deportation. To the degree we have jurisdiction, it is conferred by 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence a factual determination regarding an alien’s failure to satisfy the continuous physical presence requirement, id. at 1151 , and we review de novo constitutional challenges, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We reject petitioners’ contention that the Nicaraguan Adjustment and Central American Relief Act violates equal protection by treating differently aliens of various nationalities. See id. at 517 .

We also reject petitioners’ contention that section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act makes the stop-time rule inapplicable to aliens in deportation proceedings. See id. at 516 . Substantial evidence supports…

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