Armando Hernandez-Ramirez v. Eric Holder, Jr.

MEMORANDUM

Armando De Jesus Hernandez-Ramirez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional and legal issues. Avi la-Sanchez v. Mukasey, 509 F.3d 1037, 1039-40 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

Hernandez-Ramirez contends the BIA abused its discretion and violated due process by failing to provide him with a full copy of the transcript prior to issuing its decision. Contrary to Hernandez-Ramirez’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, Hernandez-Ramirez failed to demonstrate that review of the missing transcript pages may have affected the outcome of the proceedings. See id. (requiring prejudice to prevail on a due process challenge).

The agency did not abuse its…