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

Negrete Hernandez v. Holder

Negrete Hernandez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 22, 2010 · Beezer, Trott, Bybee
362 F. App'x 856

Negrete Hernandez v. Holder

Opinion

MEMORANDUM **

Leopoldo Negrete Hernandez, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal of an immigration judge’s (“IJ”) decision denying his application 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. Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). We deny the petition for review.

Negrete contends the IJ violated due process by excluding a letter from a doctor describing the environmental pollution in Ecatepec, Mexico. Contrary to Negrete’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). Moreover, Negrete failed to demonstrate that consideration of the letter may have affected the outcome of the proceedings. See id. (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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