Ledesma

Ledesma v. Mukasey

Good Law
304 F. App'x 643
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 06-71115California347 words

Opinion

lead Opinion

MEMORANDUM **

Claudia Veronica Moreno Ledesma and her daughter, natives and citizens of Mexico, petition for review of a Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir.2005) (en banc), we deny the petition for review.

Where, as here, the BIA adopts the Id’s decision and cites Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), we review the Id’s decision as if it were that of the BIA. Id. at 1040-41. For this reason, we deny Ledesma’s due process contention that the BIA failed to articulate reasons for its denial of relief, and find unpersuasive the government’s contention that we lack jurisdiction to consider petitioner’s claims. Id. at 1041; see also Arreguin-Moreno v. Mukasey, 511 F.3d 1229, 1232 (9th Cir.2008) (“When the BIA cites Burbano ... all issues presented before the IJ are deemed to have been presented to the BIA.”).

The IJ denied Ledesma’s asylum…

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