Francisco Lopez v. Loretta E. Lynch

Good Law
667 F. App'x 193
United States Court of Appeals for the Ninth CircuitJune 21, 201614-73833California228 words

Opinion

Opinion

MEMORANDUM

Francisco Adan Lopez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, including claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

Lopez s due process challenges to the IJ’s conduct of the removal proceedings are without merit. Lopez was granted a full and fair hearing, and he has not shown that the IJ failed to comply with her duty to inform him of available relief from removal, where Lopez has not shown “apparent eligibility” for any relief. See 8 C.F.R. § 1240.11 (a)(2); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice). • ■

Lopez’s contention that the IJ sustained the charge of removability based solely on the admissions of a pro se petitioner, with no independent analysis of the conviction records, is contradicted by the record.

In light of this disposition, we do not reach Lopez’s contention regarding…

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.