Nascimento
Nascimento v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Darcy Aparecida Do Nascimento, a native and citizen of Brazil, petitions for review from the Board of Immigration Appeals (BIA) opinion affirming the denial of an immigration judge (IJ) of her claim for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) in 06-70844, and from the BIA’s denial of her motion to reopen in 06-73985. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) and (b), and we deny the petition for review.
We review the BIA’s decisions on questions of law, such as the sufficiency of a Notice to Appear (NTA), de novo. See Kohli v. Gonzales, 473 F.3d 1061, 1065 (9th Cir.2007). The defects Nascimento alleged in the NTA (illegible signature and doubt as to official title) do not violate a statutory or regulatory requirement. See id. at 1067-68 . As a result Nascimento’s rights were not affected and the filing of the NTA established the immigration court’s jurisdiction. See id. at 1068 . Further, because Nascimento admitted to proper service of the NTA as required by 8 U.S.C. § 1229 (a)(1), admitted the factual allegations therein and conceded removability, she did not show prejudice. See id. (for relief applicant must…