Chavez v. Immigration & Naturalization Service
Chavez v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Luis Enrique Chavez, a native a citizen of Peru, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of asylum, withholding of deportation, and suspension of deportation. Because the transitional rules apply, we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). We review the BIA’s factual findings for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), and we deny the petition.
In failing to qualify for asylum, Chavez necessarily failed to satisfy the more stringent standard for withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995).
We lack jurisdiction to review the BIA’s denial of suspension of deportation. See Kalaw, 133 F.3d at 1152 (holding that the transitional rules preclude judicial review of the BIA’s determination of extreme hardship).
PETITION 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.
Reference
- Full Case Name
- Luis Enrique CHAVEZ, aka Luis Enrique Chavez Tevez v. IMMIGRATION AND NATURALIZATION SERVICE
- Status
- Published