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

Victor Pantoja Elvira v. Eric H. Holder Jr.

Victor Pantoja Elvira v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 8, 2010 · Leavy, Hawkins, Thomas
395 F. App'x 395

Victor Pantoja Elvira v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Victor Manuel Pantoja Elvira, Claudia Leticia Pantoja, and family, natives and *396 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 application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of constitutional violations in immigration proceedings, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

We reject petitioners’ claim that they were deprived of a full and fair hearing based on the IJ’s refusal to allow Leticia Pantoja to renew her withdrawn asylum application, because they failed to demonstrate prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (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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