Barragan

Barragan v. Holder

Good Law
468 F. App'x 724
United States Court of Appeals for the Ninth CircuitFebruary 17, 201207-71387California686 words

Opinion

Opinion

MEMORANDUM

Petitioner Alejandro Barragan (“Barra-gan”), a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal and denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Barra-gan’s petition for review. We address his arguments in turn.

1. Barragan argues that he was deprived of due process during his removal proceedings because the Immigration Judge (“IJ”) never considered adjustment of status and never advised Barragan of his eligibility for adjustment of status. Even assuming the IJ erred, Barragan’s due process challenge fails because he cannot establish prejudice. See Ibarra-Flores v. Gonzales, 439 F.3d 614, 620-21 (9th Cir.2006) (noting that, to prevail on a due process claim, the alien must show that he suffered prejudice from the alleged due process violation, which requires a showing “that the outcome of the proceeding may have been affected by the alleged violation”) (quoting Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000)).

When Barragan appealed to the BIA, the BIA considered, de novo, whether Bar-ragan was entitled to adjustment of status. After…

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