Issa

Issa v. Mukasey

Good Law
281 F. App'x 686
United States Court of Appeals for the Ninth CircuitJune 3, 2008No. 03-74353California452 words

Opinion

Lead Opinion

MEMORANDUM **

Tharwat Khaled Issa (“Tharwat”) and Dana Issa (“Dana”), mother and daughter (collectively, “Applicants”), are ethnic Palestinians who were born in and are citizens of Jordan. The Applicants petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming and adopting the decision of the Immigration Judge (“IJ”), which denied the Applicants’ requests for asylum and withholding of removal and ordered them excluded from the United States. Dana is the derivative beneficiary of Tharwat’s application. The Applicants also claim that it was error for the BIA to reinstate the appeal without remanding to the IJ to adjudicate their claim of ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 .

When the BIA cites its decision in Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and does not express disagreement with any part of the IJ’s decision, the BIA adopts the IJ’s decision in its entirety. See Abebe v. Gmzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc). We review for substantial evidence the BIA’s determination that the Applicants have failed to demonstrate eligibility for asylum. Ochave v. INS, 254 F.3d 859, 861-62…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.