U.S. Court of Appeals for the Ninth Circuit, 2019

Daniel Garcia Olivera v. William Barr

Daniel Garcia Olivera v. William Barr
U.S. Court of Appeals for the Ninth Circuit · Decided April 22, 2019

Daniel Garcia Olivera v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 22 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DANIEL GARCIA OLIVERA, AKA Daniel No. 17-71251 Olivera Garcia, Agency No. A205-716-431 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2019** Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Daniel Garcia Olivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal.

We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

Garcia Olivera’s due process claim fails for lack of prejudice, where he does not address how any incompetent interpretation at his hearing prevented him from presenting evidence or testimony relevant to the issue of exceptional and extremely unusual hardship to a qualifying relative. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009) (“To establish a due process violation, a petitioner must show that defects in translation prejudiced the outcome of the hearing.”).

PETITION FOR REVIEW DENIED.

2 17-71251

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