Mandi

Mandi v. Gonzales

Good Law
150 F. App'x 656
United States Court of Appeals for the Ninth CircuitOctober 4, 2005No. 03-72348California567 words

Opinion

Lead Opinion

MEMORANDUM **

Elda Pashaj Mandi (Pashaj), a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ (BIA) decision summarily affirming the immigration judge’s (IJ) denial of her applications for asylum, withholding of removal, and relief under the Convention *657 Against Torture (CAT). We deny the petition for review.

Pashaj contends that her due process rights were violated by the BIA’s decision to summarily affirm the IJ without opinion. We have previously held that a petitioner’s due process rights are not violated when the BIA summarily affirms a decision of the IJ without issuing its own opinion, so long as this court’s ability to review the agency’s actions is not compromised. Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003); see also Papageorgiou v. Gonzales, 413 F.3d 356, 358-59 (3d Cir.2005) (REAL ID Act does not have any impact upon the substance of a petitioner’s constitutional challenge to the BIA’s summary affirmance procedure). Accordingly, we find that the BIA’s summary affirmance of the IJ’s decision did not violate Pashaj’s due process rights.

Pashaj further argues that the IJ should have permitted her to proceed…

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