Baluyot

Baluyot v. Gonzales

Good Law
152 F. App'x 667
United States Court of Appeals for the Ninth CircuitNovember 3, 2005No. 04-15655California431 words

Opinion

Lead Opinion

MEMORANDUM ****

Erlinda Ongkingco Baluyot appealed the district court’s denial of her petition for a writ of habeas corpus and her petition for a writ of mandamus. Because her appeal was pending at the time Congress enacted the REAL ID Act, Pub.L. 109-13, 119 Stat. 231, § 106, we will treat her appeal as a petition for review from the decision of the Board of Immigration Appeals. Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1053 (9th Cir.2005).

Though we lack jurisdiction to review discretionary denials of requests for voluntary departure, 8 U.S.C. § 1252 (a)(2)(B)(i), we retain jurisdiction to review constitutional claims and questions of law involving such denials. 8 U.S.C. § 1252 (a)(2)(D). See also Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005). Therefore, we reach the merits of petitioner’s statutory interpretation and due process claims.

We review de novo purely legal questions regarding the immigration laws, but the Board’s interpretation of an immigration statute is entitled to deference “unless that interpretation is contrary to the plain and sensible meaning of the statute.” Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004).

The immigration judge…

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