Salazar-Cervantes

Salazar-Cervantes v. Mukasey

Good Law
289 F. App'x 266
United States Court of Appeals for the Ninth CircuitAugust 19, 2008No. 08-70291California430 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal from the immigration judge’s (“IJ”) denial of petitioner’s second application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We have reviewed the response to the court’s May 20, 2008 order to show cause. Summary disposition is appropriate because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

Petitioner is a native and citizen of Colombia. His first application for asylum and related relief was denied in 2003, and the BIA dismissed the appeal from that denial the same year. This court found that the IJ’s adverse credibility determination was supported by substantial evidence, and the petition for review was denied in 2004. See Salazar Cervantes v. Ashcroft, 120 Fed.Appx. 104 (9th Cir.2005).

Following the denial of the first petition for review, the government did not remove petitioner to Colombia. Instead, the government issued another Notice to…

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