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No. 8687904
United States Court of Appeals for the Ninth Circuit
Planas v. Mukasey
No. 8687904 · Decided July 7, 2008
No. 8687904·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 7, 2008
Citation
No. 8687904
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Emmanuel Aroc Planas, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) order denying his application for relief under former section 212(c) of the Immigration and Nationality Act. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir.2007), and we deny the petition for review. The government established by clear and convincing evidence that Planas’ appeal waiver was considered and intelligent, as the record indicates the IJ explained the appeals process thoroughly and Planas affirmatively waived appeal and reaffirmed his waiver. Cf Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir.2005). In light of our disposition, we need not reach Planas’ remaining contentions. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Emmanuel Aroc Planas, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) order denying his application for relief un
Key Points
01MEMORANDUM ** Emmanuel Aroc Planas, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) order denying his application for relief un
02We review de novo claims of due process violations, Vargas-Hernandez v.
03Gonzales, 497 F.3d 919, 921 (9th Cir.2007), and we deny the petition for review.
04The government established by clear and convincing evidence that Planas’ appeal waiver was considered and intelligent, as the record indicates the IJ explained the appeals process thoroughly and Planas affirmatively waived appeal and reaffi
Frequently Asked Questions
MEMORANDUM ** Emmanuel Aroc Planas, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) order denying his application for relief un
FlawCheck shows no negative treatment for Planas v. Mukasey in the current circuit citation data.
This case was decided on July 7, 2008.
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