Chua

Chua v. Mukasey

Good Law
255 F. App'x 219
United States Court of Appeals for the Ninth CircuitNovember 21, 2007No. 05-72575California361 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Ileto Chua, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision ordering Chua removed and denying his request for voluntary departure. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s finding of removability, see Lopez-Chavez v. INS, 259 F.3d 1176, 1180 (9th Cir.2001), and review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s determination that Chua was removable as charged. Chua testified that he was a native and citizen of the Philippines and that he had no legal permission to be in the United States. Contrary to Chua’s contentions, Chua’s own testimony estab *220 lished alienage, thereby shifting the burden to Chua to prove the time, place, and manner of entry into the United States. Because he offered no such evidence, the record supports the IJ’s decision. See Lopez-Chavez, 259 F.3d at 1181 .

Chua’s…

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