U.S. Court of Appeals for the Ninth Circuit, 2004

Archila v. Ashcroft

U.S. Court of Appeals for the Ninth Circuit · Decided August 19, 2004 · Callahan, Rawlinson, Schroeder

105 F. App'x 949

Counsel

Nadeem H. Makada, Burlingame, CA, for Petitioner., Regional Counsel, Laguna Niguel, CA, CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Christopher C. Fuller, Brenda M. O’Malley, U.S. Department of Justice, Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Guillermo Jairo Fuentes Archila, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s denial of his application for suspension of deportation. The transitional rules apply and we have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir. 1997). We deny the petition for review.

Archila contends that the BIA abused its discretion when it refused to terminate deportation proceedings and initiate removal proceedings (“repapering”). This contention lacks merit because the agency has discretion regarding when and whether to initiate deportation proceedings. See Cortez-Felipe v. INS, 245 F.3d 1054, 1057 (9th Cir. 2001).

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.

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