de Rubio v. Ashcroft
Docket: No. 02-74005
Court: Court of Appeals for the Ninth Circuit; March 22, 2004; Federal Appellate Court
Esther Maria Monzon de Rubio, a Mexican citizen, petitions for review of the Board of Immigration Appeals' decision, which upheld the Immigration Judge's (IJ) denial of her application for suspension of deportation. The transitional rules apply, granting jurisdiction under 8 U.S.C. § 1105a(a). The review assesses factual findings for substantial evidence and due process claims de novo. The petition is denied, as substantial evidence supports the IJ's conclusion that Monzon de Rubio did not prove the required seven years of continuous physical presence in the U.S. before her Order to Show Cause was issued, making her ineligible for suspension of deportation. Her claim of due process violations due to a lack of a fair hearing is deemed meritless, as she did not demonstrate any prejudice from the alleged violations in her deportation proceedings. The petition for review is denied and this disposition is not suitable for publication or citation in future cases, per Ninth Circuit Rule 36-3.