Hae Jung Chung Lee v. Holder

432 F. App'x 679

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 9, 2011
• Docket: 07-72815
• Status: Unpublished

Opinion

MEMORANDUM **

Hae Jung Chung Lee, a native and citizen of South Korea, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“D”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process violations. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review.

The agency properly determined that it lacked jurisdiction to consider Chung Lee’s application for a U visa. See 8 C.F.R. § 214(c)(5)(h) (listing the application procedures for a U visa); Lee v. Holder, 599 F.3d 973, 975-76 (9th Cir.2010) (per curiam) (U.S. Citizenship and Immigration Service has sole jurisdiction over all U visa applications).

Chung Lee’s due process contention is unpersuasive. Cf. Dielmann v. INS, 34 F.3d 851, 853 (9th Cir.1994) (finding unpersuasive a similar contention that Congress violated due process by delegating authority over visa petitions to the Attor ney General rather than the IJs or the BIA).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.