Aguilar-Treminio

Aguilar-Treminio v. Gonzales

Good Law
227 F. App'x 547
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 04-70362California261 words

Opinion

Lead Opinion

*548 MEMORANDUM **

Haydee Argentina Aguilar-Treminio, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Aguilar-Treminio’s application for cancellation of removal was properly deemed abandoned because she did not file the application by the deadline set by the IJ. See 8 C.F.R. § 1003.31 (c) (“If an application or document is not filed within the time set by the immigration judge, the opportunity to file that application or document shall be deemed waived.”)

Aguilar-Treminio’s contention that the IJ violated due process by failing to directly question her regarding why her application was not timely filed, by cutting off her testimony after the IJ had rendered her decision, and by not advising her that she may be eligible for voluntary departure pursuant to 8 C.F.R. § 1240.46 (b)(1)(B), is…

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