Nikolova-Ivaylova

MEMORANDUM ***

Petitioners, natives of Bulgaria, petition for review of orders by the Board of Immigration Appeals (“Board”) affirming the decision of the Immigration Judge (“IJ”) denying their applications for asylum or withholding of deportation. The Board affirmed the decision of the IJ pursuant to the summary affirmance procedure authorized by regulations at 8 C.F.R. § 1003.1 (e)(4), promulgated by the Executive Office for Immigration Review (“Executive”), to implement provisions of the Immigration and Nationality Act, 8 U.S.C. § 1101 el seq., and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). 1 We have jurisdiction pursuant to Section 309(c)(4) of IIRIRA.

We deny the petition.

We consider petitioners’ several grounds for review briefly in turn.

Petitioners assert that the summary affirmance procedure violates the Administrative Procedures Act, 5 U.S.C. § 533 , because the procedure is not authorized by duly promulgated regulations. *713 As noted, the procedure is authorized by 8 C.F.R. § 1003.1 (e)(4), which the Board order cites. The regulation was promulgated after petitioners filed their notices of appeal to the Board but, of…