Benhaddi

Benhaddi v. Holder

Good Law
313 F. App'x 974
United States Court of Appeals for the Ninth CircuitFebruary 27, 2009No. 05-71395California521 words

Opinion

Lead Opinion

MEMORANDUM **

Jamal Benhaddi, a native and citizen of Morocco, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision denying his application for asylum and withholding of removal and denying his motion to remand for adjustment of status. 1 We deny Benhaddi’s petition for review.

We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1252 . The BIA adopted and affirmed the IJ’s decision, citing Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994). We therefore review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir.2005) (en banc). We review the agency’s factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We review claims of due process violations de novo. Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006). We review the BIA’s denial of a motion to remand for an abuse of discretion. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003).

Benhaddi’s claim that the BIA violated his due process rights by not making a separate determination of whether changed circumstances exempted him from the one-year…

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