Quinteros Ramos v. Holder
412 F. App'x 2
9th Cir.2010Background
- Quinteros Ramos, a Salvadoran national, petitions for review of IJ and BIA decisions denying asylum, withholding, and CAT relief for identity and timeliness issues.
- Court has jurisdiction under 8 U.S.C. § 1252; review depends on whether BIA adopts IJ without disagreement.
- IJ pretermitted relief based on biometrics processing requirements; BIA affirmed that pretermission.
- Regulations authorize biometrics requirements; failure to comply can lead to dismissal unless good cause shown.
- At a 2004 hearing, Quinteros had updated fingerprints; in 2005 he claimed waiting for a form for fingerprints for a work permit, but no good-cause or continuance shown.
- Court notes discretionary nature of biometrics and voluntary departure rulings; petition denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Quinteros’ biometrics failure lead to dismissal as abandonment? | Quinteros contends due process or good cause existed for biometrics delay. | Regulations allow dismissal for failed biometrics absent good cause; IJ did not abuse discretion. | No abuse; discretionary rule upheld. |
| Was there a due process violation from pretermitting relief? | Pretermission deprived relief without legitimate reason. | Biometrics rules are discretionary; no due process violation shown. | No due process violation. |
| Is the discretionary denial of voluntary departure subject to review? | Criminal history affected relief and should be reviewable. | Discretionary determinations to deny voluntary departure are not reviewable. | Court lacks jurisdiction to review discretionary denial of voluntary departure. |
Key Cases Cited
- Cruz Rendon v. Holder, 603 F.3d 1104 (9th Cir. 2010) (review when BIA adopts IJ without disagreement)
- Ahmed v. Holder, 569 F.3d 1009 (9th Cir. 2009) (standard for agency-review when BIA adopts IJ)
- Abebe v. Gonzales, 432 F.3d 1037 (9th Cir. 2005) (en banc; relevance to related procedures)
- Nuru v. Gonzales, 404 F.3d 1207 (9th Cir. 2005) (reviewing both IJ and BIA when BIA adds reasoning)
- Cui v. Mukasey, 538 F.3d 1289 (9th Cir. 2008) (example of good-cause and continuance discussion)
- Karapetyan v. Mukasey, 543 F.3d 1118 (9th Cir. 2008) (continuance and biometrics context)
- Lata v. INS, 204 F.3d 1241 (9th Cir. 2000) (due process, prejudice standard)
- Esquivel-Garcia v. Holder, 593 F.3d 1025 (9th Cir. 2010) (discretionary-denial review limits)