Khan v. Gonzales, No. 06-60571 (5th Cir. 2007)

 Annotate this Case
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 16, 2007 Charles R. Fulbruge III Clerk No. 06-60571 Summary Calendar ZAHIDA JABEEN JAMAAL KHAN, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A95-344-562 -------------------Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges PER CURIAM:* Zahida Jabeen Jamaal Khan (Khan) has filed a petition for review of an order of removal of the Board of Immigration Appeals (BIA). She argues that the BIA erred when it rejected her claim that removal proceedings should be terminated because the proceedings were instituted based on information set forth in an application for benefits that she filed under the confidentiality provisions of the Legal Immigration Family Equity (LIFE) Act. As the BIA noted in its order of removal, the confidentiality requirements of the Immigration and Nationality * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 06-60571 -2Act are applicable to applications for legalization under the LIFE Act. Immigration and Nationality Act § 245A(c)(5), 8 U.S.C. § 1255a(c)(5)(A)(i); LIFE Act, PL 106-553, 2000 HR 4942,*2762A148; 8 C.F.R. § 245a.21. However, the Immigration Judge s determination that Khan failed to establish that she filed an application under the LIFE Act is based upon substantial evidence. 2004). See Roy v. Ashcroft, 389 F.3d 132, 137-38 (5th Cir. Moreover, the Immigration Judge s determination that an independent source apprised Immigration and Customs Enforcement officials of Khan s illegal status is also based upon substantial evidence. See id. The BIA therefore did not err when it determined that the confidentiality provisions of the LIFE Act were not violated. Khan s petition for review is DENIED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.