Hernandez-Castaneda v. Ashcroft

Full title: Gerardo HERNANDEZ-CASTANEDA, Petitioner, v. John ASHCROFT, Attorney…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 31, 2002

43 F. App'x 140 (9th Cir. 2002)

Opinion

43 Fed.Appx. 140 (9th Cir. 2002) Gerardo HERNANDEZ-CASTANEDA, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 01-71372. INS No. A76-705-129. United States Court of Appeals, Ninth Circuit. July 31, 2002

Submitted July 22, 2002. ^*

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before BROWNING, KOZINSKI, and BERZON, Circuit Judges.

MEMORANDUM ^**

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

Gerardo Hernandez-Castaneda, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals' ("BIA") decision upholding an immigration judge's denial of his motion to terminate removal proceedings because he should

Page 141.

have a right, pursuant to international human rights law, to live and work wherever he chooses. We have jurisdiction under 8 U.S.C. § 1252(a), and deny the petition for review.

The BIA properly upheld denial of Hernandez-Casteneda's motion to terminate removal proceedings because "[i]n enacting statutes, Congress is not bound by international law; if it chooses to do so, it may legislate contrary to the limits posed by international law." See Alvarez-Mendez v. Stock, 941 F.2d 956, 963 (9th Cir.1991) (quotation and citation omitted).

PETITION FOR REVIEW DENIED.