Silvestre

Silvestre v. Gonzales

Good Law
125 F. App'x 893
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-71552. Agency No. A75-701-198California233 words

Opinion

Lead Opinion

MEMORANDUM ***

Delmy Marisol Lima Silvestre, a native and citizen of Guatemala, petitions pro se for review from the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her application for cancellation of removal. 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 constitutional issues de novo. See Ram v. INS, 243 F.3d 510 (9th Cir.2001). We deny the petition for review.

Petitioner contends that she was denied equal protection because she was not allowed to apply for suspension of deportation. Petitioner’s argument is without merit because Congress comported with equal protection when it repealed suspension of deportation for aliens, such as petitioner, who were placed in removal proceedings on or after April 1, 1997, while permitting aliens placed in deportation before that date to maintain their applications for suspension of deportation. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003); Hemandez-Mezquita v. Ashcroft, 293 F.3d 1161 , 1163— 65 (9th…

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.