Rony Gomez-Fuentes v. Loretta E. Lynch

MEMORANDUM

Rony Armando Gomez-Fuentes, native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations, Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010), and we review for abuse of discretion the denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

We reject Gomez-Fuentes’ contentions that the IJ violated his due process rights by failing to advise him of various forms of relief. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim); Valencia v. Mukasey, 548 F.3d 1261, 1262-63 (9th Cir. 2008) (there is no requirement that an alien be advised of the availability of relief where there is no apparent eligibility for it).

The BIA did not abuse its discretion in denying Gomez-Fuentes’ motion for a remand because he did not establish prima facie eligibility for the relief he…