Oscar Colunga-Guzman v. Eric H. Holder Jr.

MEMORANDUM

Oscar Colunga-Guzman, a native and citizen of Mexico, petitions from the Board of Immigration Appeals’ (“BIA”) decision denying cancellation of removal because he failed to demonstrate good moral character. All of Colunga-Guzman’s arguments relate to his attempt to invoke the Fifth Amendment privilege against self-incrimination when questioned before the Immigration Judge (“IJ”) about an arrest.

Colunga-Guzman first contends that the BIA violated his Fifth Amendment privilege by upholding the IJ’s adverse inference drawn from the invocation. The BIA may permissibly draw such an adverse inference from a noncitizen’s silence, even if that silence was the result of a proper invocation of the Fifth Amendment privilege. Gutierrez v. Holder, 662 F.3d 1088, 1091 (9th Cir.2011). Colunga-Guzman further contends that the BIA was biased and violated his Due Process rights by relying solely on his silence. There is, however, no indication in the record that the IJ or the BIA exhibited overt bias or abdicated their roles as neutral adjudicators. See Rivera v. Mukasey, 508 F.Bd 1271, 1276 (9th Cir.2007).

Colunga-Guzman’s final contention is that the BIA erred in finding that he…