Dang Chan v. Eric Holder, Jr.

MEMORANDUM

Dang Chan petitions for review of a decision by the Board of Immigration Appeals (BIA) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D), and we deny Chan’s petition.

1. Chan argues that the Immigration Judge violated due process by “using inconsistent, unreliable minutes and abstracts of judgment” in determining that Chan had been convicted of an aggravated felony and thus was ineligible for asylum. He claims that the Immigration Judge should have granted his request for a continuance to allow him to obtain “finalized, corrected documents.” “A petition for review will only be granted on due process grounds if ‘(1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.’” Zetino v. Holder, 622 F.3d 1007, 1013 (9th Cir.2010) (quoting

Ibarra-Flores v. Gonzales, 439 F.3d 614, 620-21 (9th Cir.2006)). Chan did not establish that the proceedings were fundamentally…