Francisco-Pascual

Francisco-Pascual v. Gonzales

Good Law
165 F. App'x 502
United States Court of Appeals for the Ninth CircuitDecember 7, 2005No. 04-72085California303 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Angelina Francisco-Pascual, a native and citizen of Guatemala, petitions for review of an adverse decision by an immigration judge (“U”) and the Board of Immigration Appeals (“BIA”). “Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003).

1. Substantial evidence supports the determination that Petitioner had firmly resettled, 8 C.F.R. §§ 208.13 (e)(2)(i)(B) *503 and 208.15, in Mexico, where she lived for 15 years before coming to the United States. Petitioner concedes that her lengthy stay in Mexico raises a presumption of firm resettlement, which she has the burden to rebut. Cheo v. INS, 162 F.3d 1227, 1229-30 (9th Cir.1998).

This case is distinguishable factually from Camposeco-Montejo v. Ashcroft, 384 F.3d 814 (9th Cir.2004). For example, Petitioner was allowed to attend school in Mexico, she testified that her father was not repatriated to Guatemala, and there was evidence in this record that a number of Guatemalan refugees remain in Mexico by choice and with…

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