Jose Peraza Godinez v. Eric Holder, Jr.

MEMORANDUM

Jose Angel Peraza Godinez, Blanca Elia Peraza, and their son, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims, including claims of ineffective assistance of counsel, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

Petitioners’ contention that their due process rights were violated when the IJ permitted them to appear pro se and denied an earlier motion for a continuance fails because the IJ advised them of their right to be represented by counsel, and because the petitioners indicated that they were prepared to proceed with the hearing. See Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009); see also Tawadrus v. Ashcroft, 364 F.3d 1099, 1103 (9th Cir. 2004) (discussing requirements for a valid knowing and voluntary waiver of counsel). Moreover, petitioners have failed to allege prejudice.

The BIA also did not err in denying petitioners’ ineffective assistance of…