U.S. Court of Appeals for the Ninth Circuit, 2010

Arturo Lopez Delgadillo v. Eric H. Holder Jr.

Arturo Lopez Delgadillo v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 12, 2010 · Alarcon, Leavy, Graber
386 F. App'x 738

Arturo Lopez Delgadillo v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Arturo Lopez Delgadillo and Guillermi-na Castillo de Lopez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) *739 decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo the claims of due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition for review.

We agree with the BIA’s conclusion that petitioners failed to establish any prejudice stemming from the IJ’s denial of their request for a continuance, because they failed to state what testimony Dr. Morales would provide that might have affected the outcome of the proceedings. See Cano-Merida v. INS, 311 F.3d 960, 965 (9th Cir. 2002) (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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