Vasquez
Vasquez v. Holder
Opinion
Lead Opinion
*520 MEMORANDUM *
Rosalba Corona Vasquez, a citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”), simultaneously dismissing her appeal of an immigration judge’s (“IJ”) order granting voluntary departure and denying her motion to reopen, which the BIA treated as a motion to remand. Corona argues that the IJ violated the applicable regulations and her due process rights by failing to advise her of her eligibility to apply for asylum. 1 For the reasons provided below, we disagree.
1. Although Corona did not cite the relevant regulatory provision in her filings before the BIA, she presented a sufficiently clear explanation of what, in her view, the IJ did wrong to put the BIA on notice of her claims. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1183-84 (9th Cir.2001) (“We hold that even though So-cop never specifically invoked the phrase ‘equitable tolling’ in his briefs to the BIA, he sufficiently raised the issue before the BIA to permit us to review the issue on appeal.”). Corona has therefore exhausted her administrative remedies.
2. IJs are required by regulation to advise aliens that they may apply for asylum or withholding of removal…