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

Francisco Mendoza Torres v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided June 29, 2011 · Canby, O'Scannlain, Fisher

442 F. App'x 250

Counsel

Nicomedes E. Suriel, Supervisory, Law Offices of Nicomedes E. Suriel, Phoenix, AZ, for Petitioners., Craig Alan Newell, Jr., Esquire, Trial, James Arthur Hunolt, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Francisco Mendoza Torres and Susana Zepeda Esquivel, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We review de novo claims of due process violations in removal proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny the petition for review.

Petitioners’ claim that the IJ violated their due process rights by exhibiting bias and interrupting their testimony fails because the proceedings were not so fundamentally unfair that they were prevented from reasonably presenting their case, and they failed to demonstrate prejudice. See id. at 971-72; Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring prejudice for a petitioner to prevail on a due process claim).

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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