Sakkarapope

Sakkarapope v. Gonzales

Good Law
212 F. App'x 642
United States Court of Appeals for the Ninth CircuitDecember 13, 2006No. 05-75413California373 words

Opinion

Lead Opinion

MEMORANDUM **

Benjapon Sakkarapope, a native and citizen of Thailand, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) decision finding Sakkarapope removable. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence an IJ’s findings of fact. See *643 Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir.2005); see also 8 U.S.C. § 1252 (b)(4)(B). We review de novo claims of due process violations. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

Sakkarapope was admitted as a nonimmigrant student, and his status continued as long as he “pursufed] a full course of study at an educational institution.” 8 C.F.R. 214.2(f)(5)(i). At his removal hearing in 2004, Sakkarapope testified that he had not been enrolled at Washington State University since 2003 and that he was not currently enrolled as a student anywhere. Accordingly, the IJ’s finding that Sakkarapope was no longer a student is supported by substantial evidence, and Sakkarapope was removable pursuant to 8 U.S.C. § 1227 (a)(1)(C)®…

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