Cruz-Aguilar

Cruz-Aguilar v. Mukasey

Good Law
269 F. App'x 741
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-71624California437 words

Opinion

lead Opinion

MEMORANDUM **

Ingrid Cruz-Aguilar, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”) and the BIA’s order denying her motion to remand based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s denial of asylum, withholding and CAT, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000) and we review for abuse of discretion the IJ’s denial of a motion to continue proceedings, Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004). We review for abuse of discretion the denial of a motion to remand and review de novo claims of due process violations in removal proceedings, including claims of ineffective assistance of counsel. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

Substantial evidence supports the agency’s determination that Cruz-Aguilar failed to establish that the harassment she suffered amounted to past…

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