Munoz

Munoz v. Gonzales

Good Law
229 F. App'x 605
United States Court of Appeals for the Ninth CircuitApril 25, 2007Nos. 06-72324, 06-73079California346 words

Opinion

Lead Opinion

MEMORANDUM **

Israel Palacios Munoz and his family appeal from the Board of Immigration Appeals’ (“BIA”) order upholding the Immigration Judge’s order denying cancellation of removal, as well as the BIA’s order denying their motion to reconsider. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We review for abuse of discretion the denial of a motion to reconsider. See Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We dismiss in part and deny in part the petition in No. 06-72324, and deny the petition in No. 06-73079.

On appeal to the BIA, Petitioners claimed that the proceedings were tainted because the Notice to Appear was issued after a notary filed fraudulent asylum applications on their behalf. The BIA correctly determined that this argument is foreclosed by this court’s decision in Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (order) (“Removal proceedings do not become constitutionally unfair simply because they are precipitated in part by an attorney’s advice”).…

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