Villalobos-Abarca

Villalobos-Abarca v. Gonzales

Good Law
229 F. App'x 473
United States Court of Appeals for the Ninth CircuitApril 23, 2007No. 04-73849California267 words

Opinion

Lead Opinion

*474 MEMORANDUM **

Felipe Villalobos-Abarca and Virginia Garcia-Cano, parents of Maria Guadalupe Villalobos-Garcia and Gabriela VillalobosGarcia, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming without opinion an immigration judge’s (“IJ”) decision denying their motion to terminate removal proceedings. Petitioners do not contest the agency’s denial of asylum, withholding of removal, protection under the Convention Against Torture, and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law. Kohli v. Gonzales, 473 F.3d 1061, 1065 (9th Cir.2007). We deny in part and grant in part the petition for review, and remand on the issue of voluntary departure.

Petitioners contend the notices to appear were defective because the issuing official did not state her title, and the government therefore did not meet its burden to show that jurisdiction vested with the immigration court. This contention is foreclosed by our recent opinion, Kohli v. Gonzales. See id. at 1066-69.

The IJ granted voluntary departure for a 59-day period and the BIA streamlined and changed the voluntary…

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