U.S. Court of Appeals for the Ninth Circuit, 2006

Ascencio-Lazaro v. Gonzales

Ascencio-Lazaro v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided July 28, 2006 · Alarcón, Hawkins, Thomas
193 F. App'x 699

Ascencio-Lazaro v. Gonzales

Opinion of the Court

MEMORANDUM **

Husband and wife Jesus Aseencio-Lazaro and Irais Ramos-Carillo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“U”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir. 2001). We deny the petition for review.

Petitioners contend that the IJ violated due process by denying a continuance, refusing to consider evidence, and otherwise preventing them from presenting their case. Contrary to their contentions, the proceedings were not “so fundamentally unfair that [they were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (citation omitted). Moreover, petitioners failed to demonstrate prejudice. See id. (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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