De Leon Ortiz v. Ashcroft

96 F. App'x 475

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 23, 2004
• Docket: No. 02-71165; Agency No. A72-686-418
• Status: Published

Opinion

MEMORANDUM

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Roger Wilfredo De Leon Ortiz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s denial of his application for asylum and withholding of removal.

De Leon Ortiz’s contentions that the BIA’s streamlining regulations violate his right to due process and are void for vagueness are foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-51 (9th Cir.2003) (holding that the BIA’s streamlining procedure does not violate an alien’s due process rights).

Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), petitioner’s motion for stay of removal included a timely request for stay of voluntary departure. Because the motion for stay of removal was granted, or continued based on the government’s filing of a notice of non-opposition, the voluntary departure period was also stayed, nunc pro tunc, to the filing of the motion for stay of removal, and this stay will expire upon issuance of the mandate.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.