U.S. Court of Appeals for the Ninth Circuit, 2011

Daniel Jaimes-Reyes v. Eric Holder, Jr.

Daniel Jaimes-Reyes v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2011 · Canby, O'Scannlain, Fisher
439 F. App'x 672

Daniel Jaimes-Reyes v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Daniel Jaimes-Reyes, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Jaimes-Reyes failed to show exceptional and extremely unusual hardship to his U.S. citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009).

Jaimes-Reyes contends the IJ violated due process by refusing to admit into evidence a psychological evaluation submitted on the day of the hearing. Contrary to Jaimes-Reyes’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, Jaimes-Reyes failed to demonstrate that the additional evidence would have affected the outcome of the proceedings. See id. (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

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

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