Hernandez

MEMORANDUM *

Odilia Aldana Hernandez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order of removal. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1).

Hernandez was served with a notice to appear (“NTA”) in July 2002, charging that she was illegally present in the United States, having never been admitted or paroled into the country by an authorized immigration official. See 8 U.S.C. § 1182 (a)(6)(A)(i). Hernandez conceded that she was removable as charged, but sought to terminate the proceedings on the ground that the NTA was improperly executed and that the IJ therefore lacked jurisdiction. Alternatively, Hernandez argued that she was eligible for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). 3 On August 7, 2003, the IJ denied Hernandez’s motion to terminate her removal proceedings, as well as her application for asylum, withholding of removal, and protection under the CAT and ordered her removed to Guatemala. The BIA affirmed without opinion the results of the decision below.

The IJ did not lack subject matter jurisdiction to conduct Hernandez’s removal…