Raul Zavala-Arrevalos v. Eric Holder, Jr.

MEMORANDUM

Raul Zavala-Arrevalos (Zavala), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion for remand. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We deny the petition for review.

The BIA did not err in denying Zavala’s motion for remand. Zavala argues that his due process rights were violated because he was not competent to represent himself in removal proceedings before the IJ. He asks for a new opportunity to present evidence relating to his positive equities in support of his application for cancellation of removal. More specifically, Zavala asserts that he would present evidence concerning hardship to his son and wife due to his son’s expulsion from school, which was caused by Zavala’s detention and absence.

To prevail on a due process claim, a petitioner must demonstrate error and substantial prejudice. Lata v. I.N.S., 204 F.3d 1241, 1246 (9th Cir.2000). We will not presume prejudice. Id. Zavala fails to demonstrate substantial prejudice. Zavala raises no argument concerning…