Elmer Bolanos-Madrid v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Elmer Bolanos-Madrid v. Eric Holder, Jr., 550 F. App'x 443 (9th Cir. 2013)
Goodwin, Wallace, Graber

Elmer Bolanos-Madrid v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Elmer Wilfredo Bolanos-Madrid, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision ordering him removed. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process violations. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We deny the petition for review.

The IJ did not err by failing to advise Bolanos-Madrid that he could apply for withholding of removal or protection under the Convention Against Torture because Bolanos-Madrid indicated he did not fear returning to El Salvador for any reason. See Valencia v. Mukasey, 548 F.3d 1261, 1262-63 (9th Cir. 2008) (there is no requirement that an alien be advised of the availability of relief where there is no apparent eligibility for it); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim). We reject Bolanos-Madrid’s contention that the IJ was required to take administrative notice of general gang violence in El Salvador and advise him of the availability of relief on this basis. Thus, Bolanos-Madrid’s due process claim fails.

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
Elmer Wilfredo BOLANOS-MADRID, A.K.A. Elmer Wilfredo Bolanos, A.K.A. William Bolanos, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished