Loera Lujan v. Loretta E. Lynch

MEMORANDUM

Luis Saul Loera Lujan, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The IJ did not err in denying Lujan’s request to present additional evidence after the BIA’s limited remand. The BIA vacated its prior decision only “insofar as it entered an order of removal,” and limited the scope of the remand to proceedings consistent with Molina-Camacho v. Ashcroft, 393 F.3d 937, 941 (9th Cir.2004), overruled by Lolong v. Gonzales, 484 F.3d 1173, 1177 (9th Cir.2007) (en banc). See Fernandes v. Holder, 619 F.3d 1069, 1072-74 (9th Cir.2010). It follows that Lujan failed to establish a due process violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error to prevail on a due process claim).

Lujan’s contentions that the BIA summarily dismissed his appeal or that the agency failed to provide…