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

Garcia v. Gonzales

Garcia v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided July 31, 2006 · Alarcón, Hawkins, Thomas
194 F. App'x 456

Garcia v. Gonzales

Opinion of the Court

MEMORANDUM **

Fernando M. Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir. 2001), and we deny the petition for review.

The record does not support Garcia’s contention that the IJ’s conduct during the merits hearing violated due process. Contrary to Garcia’s contention, the proceedings were not “so fundamentally unfair that he was prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (citation omitted).

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 Ninth Circuit Rule 36-3.

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