Jose Rojel-Gomez v. Eric Holder, Jr.

Good Law
599 F. App'x 789
United States Court of Appeals for the Ninth CircuitApril 16, 201513-73231, 14-71489California279 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions for review, Jose Danilo Rojel-Gomez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order acknowledging withdrawal of Rojel-Gomez’s applications for asylum, withholding of removal, and protection under the Convention Against Torture, and granting his application for voluntary departure (No. 13-73231), and the BIA’s subsequent order denying his motion to reopen (No. 14-71489). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We review for abuse of discretion the denial of a motion to reopen. Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir.2005).

The BIA did not deny Rojel-Gomez’s due process in dismissing his appeal. See Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir.2000) (no due process violation where there is no error); see also 8 C.F.R. § 1003.1 (d)(2)(i)(C) (BIA may summarily dismiss where “appeal is from an order that granted the party concerned the relief that had been requested”). Thus, we deny the petition for…

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