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Vasquez-Gonzales v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 14, 2007
244 F. App'x 772 (9th Cir. 2007)

Summary

approving district court's application of preponderance of evidence standard

Summary of this case from J.S. v. United Healthcare Ins. Co.

Opinion

No. 05-76899.

Submitted June 5, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 14, 2007.

Stuart I. Folinsky, Esq., Los Angeles, CA, for Petitioner.

District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Arthur F. Norton, U.S. Department of Justice, OIL, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A70-938-049.

Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.


MEMORANDUM

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

Jairo Vosbeli Vasquez-Gonzales, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals' ("BIA") order affirming an immigration judge's order of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny the petition for review.

Vasquez-Gonzales contends that the BIA violated due process by mailing his briefing schedule and transcript to an incorrect zip code and then deciding his appeal without briefing. Vasquez-Gonzales' contention is unavailing because he withdrew his asylum application before appealing to the BIA and he has not shown any other plausible ground for relief. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826-28 (9th Cir. 2003) (holding that petitioner was not prejudiced because there were no plausible grounds for relief at the time of his appeal to the BIA).

PETITION FOR REVIEW DENIED.


Summaries of

Vasquez-Gonzales v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 14, 2007
244 F. App'x 772 (9th Cir. 2007)

approving district court's application of preponderance of evidence standard

Summary of this case from J.S. v. United Healthcare Ins. Co.

approving of district court's application of preponderance of evidence standard

Summary of this case from David P. v. United Healthcare Ins. Co.
Case details for

Vasquez-Gonzales v. Gonzales

Case Details

Full title:Jairo Vosbeli VASQUEZ-GONZALES, Petitioner, v. Alberto R. GONZALES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 14, 2007

Citations

244 F. App'x 772 (9th Cir. 2007)

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J.S. v. United Healthcare Ins. Co.

Id. at 833. Id.; see also Ray v. UNUM Life Ins. Co. of Am., 244 Fed.Appx. 772, 782 (10th Cir. 2007)…