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

Ricardo Avalos-Padilla v. Eric Holder, Jr.

Ricardo Avalos-Padilla v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 29, 2011 · Canby, O'Scannlain, Fisher
441 F. App'x 448

Ricardo Avalos-Padilla v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ricardo Ernesto Avalos-Padilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from 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, San doval-Luna v. Mukasey, 526 F.3d 1243, 1245-46 (9th Cir. 2008), and we deny the petition for review.

Avalos-Padilla’s due process claim fails because Avalos-Padilla was given the opportunity to present witnesses on his behalf, he failed to request a continuance when they did not appear, and he failed to demonstrate that the absence of their testimony prejudiced him. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due process claim).

Avalos-Padilla’s contention that the IJ improperly judged his application on the *449 basis of his witnesses’ failure to appear at his hearing is not supported by the record.

PETITION FOR REVIEW DENIED.

**

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

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