Carrillo

Carrillo v. Keisler

Good Law
249 F. App'x 553
United States Court of Appeals for the Ninth CircuitSeptember 28, 2007No. 06-70337California246 words

Opinion

Lead Opinion

MEMORANDUM ***

Marcelino Gutierrez Carrillo, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo questions of jurisdiction, Kohli v. Gonzales, 473 F.3d 1061, 1065 (9th Cir.2007), and review the denial of a motion to remand for abuse of discretion, Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We deny the petition for review.

Gutierrez moved to terminate his proceedings, arguing that the Notice to Appear was jurisdictionally deficient because the issuing official’s signature and title were unclear. The BIA properly rejected the argument. See Kohli, 473 F.3d at 1068-70 (holding that an IJ’s denial of a motion to terminate proceedings due to a defective NTA did not violate due process because no prejudice was shown).

Contrary to Gutierrez’s contention, the BIA provided an adequate explanation for denying his motion to remand. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). The BIA concluded that…

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