Amelia Munoz-Camey v. Eric Holder, Jr.

Good Law
595 F. App'x 723
United States Court of Appeals for the Ninth CircuitMarch 4, 201512-70018California305 words

Opinion

Opinion

MEMORANDUM

Amelia Munoz-Camey, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of her application for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

1. We have jurisdiction to review Munoz-Camey’s claim that she was denied due process in her deportation proceedings before the IJ. See 8 U.S.C. § 1252 (a)(2)(D); Reyes-Melendez v. INS, 342 F.3d 1001, 1006 (9th Cir.2003) (“Notwithstanding the[ ] statutory limitations on judicial review, we retáin the power to review constitutional due process challenges to immigration decisions.”).

2. The BIA correctly concluded that the IJ did not violate Munoz-Camey’s due process rights during her deportation proceeding. See Reyes-Melendez, 342 F.3d at 1006 . Munoz-Camey failed to show that the IJ abandoned his neutral fact-finding role, or that she did not receive a “reasonable opportunity to present evidence on [her] behalf.” Id. (internal quotation marks omitted). IJs are authorized to “interrogate, examine, and cross-examine” the petitioner and any witnesses. 8 U.S.C. §…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.