U.S. Court of Appeals for the Ninth Circuit, 2010

Singh v. Holder

Singh v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 2, 2010 · Canby, Thomas, Fletcher
381 F. App'x 687

Singh v. Holder

Opinion

MEMORANDUM **

Janak Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Aguilar Gonzalez v. Mukasey, 534 F.3d 1204, 1208 (9th Cir. 2008), and we deny the petition for review.

We reject Singh’s contention that the Department of Homeland Security (“DHS”) violated the confidentiality provisions of the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1255a(c)(5), by reviewing Singh’s legalization application before initiating proceedings against him. It is undisputed that DHS discovered Singh’s identity and non-citizen status during a raid that was unrelated to his legalization application. DHS did not violate the confidentiality provision when it subsequently verified the denial of Singh’s legalization application. See 8 U.S.C. § 1255a(c)(5)(D)(i) (information' derived from the legalization application that is not available from any other source, other than information furnished by an applicant, may be used for the purposes of immigration enforcement).

Singh’s remaining contention lacks merit.

PETITION FOR REVIEW DENIED.

**

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

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