Agustin Najarro-Revolorio v. Loretta E. Lynch

MEMORANDUM

Agustín Najarro-Revolorio, a citizen of Guatemala, files a petition challenging an order of the Board of Immigration Appeals (BIA) dismissing his appeal of an immigration judge’s order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). As the parties are familiar with the facts, we do not recount them here. We have jurisdiction under 8 U.'S.C. § 1252. We grant the petition in part and deny it in part and remand the case for further proceedings consistent with this disposition.

1. As to Najarro-Revolorio’s asylum claim, the BIA erred in concluding that the immigration judge’s conduct did not violate his due process rights. To establish a due process violation in deportation proceedings, an individual must show that (1) “the proceeding was so fundamentally unfair” that he was prevented from reasonably presenting his case and (2) prejudice. Lianhua Jiang v. Holder, 754 F.3d 733, 741 (9th Cir. 2014) (internal quotation marks and citation omitted).

The immigration judge failed properly to develop the record as to Najarro-Revo-lorio’s untimely application. At the merits immigration hearing, Najarro-Revolorio…