Ortiz Limones v. Holder

ORDER WITHDRAWING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING

The memorandum disposition filed February 11, 2010 is withdrawn. A superseding memorandum disposition is being filed concurrently with this order.

The panel has voted to deny the petition for rehearing, filed February 25, 2010.

Subsequent petitions for rehearing or rehearing en banc may be filed.

MEMORANDUM

Florencio Ortiz Limones and Concepcion Diaz Delgado, husband and wife, petition pro se for review of a decision of the Board of Immigration Appeals affirming the immigration judge’s denial of petitioners’ application for cancellation of removal. We dismiss the petition in part and deny it in part.

We have jurisdiction under 8 U.S.C. § 1252 (a) to review petitioners’ claim that the immigration judge denied them due process by refusing to permit their daughter to testify regarding her health issues. The immigration judge did not violate due process, because he fully credited Ms. Delgado’s testimony as well as the documentary medical evidence regarding her daughter’s health. Petitioners have made no showing that their daughter’s testimony would have been noncumulative. Zolotukhin v. Gonzales, 417…