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Valiente v. I.N.S.

United States Court of Appeals, Ninth Circuit
Feb 20, 2002
31 F. App'x 406 (9th Cir. 2002)

Opinion


31 Fed.Appx. 406 (9th Cir. 2002) Elsa Marina VALIENTE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Nos. 00-71385, INS A70-969-278. INS No. A70-969-278. United States Court of Appeals, Ninth Circuit. February 20, 2002

Submitted February 11, 2002 .

The 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NOT FOR PUBLICATION.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 B. FLETCHER, T.G. NELSON, and TALLMAN, 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.

Elsa Marina Valiente, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing her appeal of an Immigration Judge's ("IJ") decision finding her statutorily ineligible for suspension of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). Where, as here, the BIA adopts the IJ's decision as its own, we review the IJ's decision for substantial evidence. Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996). We review de novo constitutional challenges. Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition.

Valiente's contentions challenging the application of the stop-time rule are foreclosed by our decision in Ram, 243 F.3d at 515-16.

We reject as unpersuasive Valiente's contention that section 203 of the Nicaraguan Adjustment and Central American Relief Act of 1997 violates Equal Protection. See Heller v. Doe, 509 U.S. 312, 319-20, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993); cf. Ram, 243 F.3d at 517.

PETITION FOR REVIEW DENIED.


Summaries of

Valiente v. I.N.S.

United States Court of Appeals, Ninth Circuit
Feb 20, 2002
31 F. App'x 406 (9th Cir. 2002)
Case details for

Valiente v. I.N.S.

Case Details

Full title:Elsa Marina VALIENTE, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 20, 2002

Citations

31 F. App'x 406 (9th Cir. 2002)