Tjiandramitho
Tjiandramitho v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Indonesian national Marten Friso Peter Tjiandramitho petitions this Court for review of a Board of Immigration Appeals (BIA) decision affirming, without opinion, an Immigration Court’s denial of his application for asylum. Specifically, petitioner alleges that the BIA violated his due process rights by electing to affirm the decision of the Immigration Court, pursuant to its “streamlining” procedures, without issuing its own written opinion. Petitioner also claims that the BIA’s denial of his asylum application was erroneous on the merits.
Petitioner’s due process claim, while entitled to de novo review, Salvador-Calleros v. Ashcroft, 389 F.3d 959, 963 (9th Cir.2004), is foreclosed by our decision in Falcon Carriche v. Ashcroft, where we specifically held that “streamlining does not violate an alien’s due process rights.” 350 F.3d 845, 848 (9th Cir.2003). This decision upheld several aspects of the BIA’s streamlining procedures, including the practice of affirming Immigration Court decisions without opinion. Falcon Carriche, 350 F.3d at 851 .
As to petitioner’s claim of error on the merits, we review for substantial evidence a BIA decision that an applicant has…