Rene Marquez-Huerta v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Rene Marquez-Huerta v. Eric H. Holder Jr., 400 F. App'x 303 (9th Cir. 2010)

Rene Marquez-Huerta v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Rebecca Corpus Esteban, a native and the citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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.

The IJ did not violate Esteban’s due process rights where the proceedings were not “so fundamentally unfair that [she] was prevented from reasonably presenting [her] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (citation omitted). Moreover, Esteban failed to demonstrate that additional testimony may have affected the outcome of the proceedings. See *304 id. (requiring prejudice to prevail on a due process challenge).

Esteban’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Rebecca CORPUS ESTEBAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished