Lopez-Cardona v. Ashcroft

90 F. App'x 989

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 24, 2004
• Docket: No. 02-71213
• Status: Published

Opinion

MEMORANDUM

**

Maria Magdalena Lopez-Cardona, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance, without opinion, of an immigration judge’s (“IJ”) denial of her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we deny the petition for review.

Petitioner’s contention that the BIA violated her due process rights by failing to state its reasons for affirming the IJ’s decision is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir. 2003), which held that it does not violate due process for the BIA to affirm an immigration judge’s decision without issuing an opinion.

The Clerk is directed to stay the mandate pending the resolution of Desta v. Ashcroft, No. 03-70477 and further order of this Court.

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.