VALENCIA v. MUKASEY

No. 04-76571.

548 F.3d 1261 (2008)

Maria Leticia VALENCIA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2008.


Attorney(s) appearing for the Case

Sassoun Nalbandian, Valley Village, CA, for petitioner, Maria Leticia Valencia.

Michele Y.F. Sarko, Washington, DC, for respondent, Michael B. Mukasey.

Before: MARY M. SCHROEDER and JOHNNIE B. RAWLINSON, Circuit Judges, and BRIAN E. SANDOVAL, District Judge.


OPINION

SCHROEDER, Circuit Judge:

Maria Leticia Valencia appeals the Board of Immigration Appeals' decision affirming her order of removal on the basis of a 1984 California conviction for transporting heroin. The only issue raised in her petition is whether the IJ was required as a matter of due process to advise her of a "right" to apply for asylum, even though, on the basis of the evidence presented in the record, there was no plausible basis for such...

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