Rafael Gonzalez-Ovando v. Eric Holder, Jr.

Good Law
576 F. App'x 690
United States Court of Appeals for the Ninth CircuitMay 29, 201412-72406California371 words

Opinion

Opinion

MEMORANDUM

Rafael Gonzalez-Ovando, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision of an immigration judge (“IJ”) denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Gonzalez-Ovando’s due process challenge to the IJ’s exclusion of his wife’s corroborative testimony fails because Gonzalez-Ovando did not establish that the testimony would have altered the BIA’s determination that his own version of events, when accepted as true, did not demonstrate the good moral character necessary for cancellation of removal. See id. (“In order to prevail on [a due process] claim, the alien ... must show prejudice, ‘which means that the outcome of the proceeding may have been affected by the alleged violation.’ ” (citation omitted)); see also Pagayon v. Holder, 675 F.3d 1182, 1192 (9th Cir.2011) (rejecting a due process claim for lack of prejudice upon identifying “no connection between” an…

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