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

Cordoba-Jimenez v. Holder

Cordoba-Jimenez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 660

Cordoba-Jimenez v. Holder

Opinion

MEMORANDUM **

Ramon Adolfo Cordoba-Jimenez and Maria Isabel Viveros De Cordoba, 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”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process violations in immigration proceedings, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny the petition for review.

Petitioners’ claim that the IJ violated due process by not considering their new hardship evidence fails because the BIA considered petitioners’ motion to reopen under the same standard that the IJ would have and concluded that petitioners failed to demonstrate prima facie eligibility for cancellation of removal. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring prejudice for a petition to prevail on a due process claim).

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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