Andres Francisco-Salvador v. Eric Holder, Jr.

MEMORANDUM

Andres Ramon Francisco-Salvador petitions for review of the. decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the immigration judge’s decision finding Francisco-Salvador removable. The BIA rejected Francisco-Salvador’s argument that his due process rights were violated, finding that Francisco-Salvador had not demonstrated error and could not demonstrate any prejudice resulting from the alleged procedural errors in his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo “[wjhether an immigration proceeding violates an alien’s due process rights,” Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009), and deny the petition.

Francisco-Salvador’s claim that his statutory right to counsel under 8 U.S.C. § 1229a(b)(4)(A) was violated in the removal proceedings fails because Francisco-Salvador “knowingly and voluntarily” waived that right when he appeared at the hearing without an attorney after the immigration judge had continued the proceedings to allow him to obtain counsel. See Hernandez v. Mukasey, 524 F.3d 1014, 1020 (9th Cir.2008).

Francisco-Salvador’s other claims of procedural error also fail to…