Binhua Fu v. Eric Holder, Jr.

MEMORANDUM

Binhua Fu and Ying Pu petition for review from the Board of Immigration Appeals’s (“BIA”) order dismissing their appeal from the Immigration Judge’s (“IJ”) denial of their petition for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). For the reasons that follow, we deny the petition for review.

Petitioners first argue that their due process rights were infringed due to the IJ’s questioning. Due process entitles an alien in removal proceedings to a “full and fair hearing of his [or her] claims and a reasonable opportunity to present evidence on his [or her] behalf.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). “To prevail on a due process challenge to [immigration] proceedings, [an alien] must show error and substantial prejudice.” Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000) (second alteration in original) (quoting Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000)). According to Petitioners, the IJ’s “antagonism” rose to the level of denying them a fair and neutral tribunal by interrupting Fu’s testimony on several occasions to ask specific questions and expressing frustration at his answers. However, as the…