Juan Mendoza v. Holder

MEMORANDUM

An immigration judge (IJ) found that Juan Carlos Mendoza was removable based on his conviction for rape in the third degree under New York Penal Law § 130.25(1), an aggravated felony under § 101(a)(43)(A) of the Immigration and Nationality Act. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision. Mendoza petitions for review of the BIA’s order dismissing his appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review.

Mendoza contends that the IJ violated his due process rights by asking him if the conviction documents submitted by the government “relat[edj” to him, without explaining that he could object to admission of the documents. Mendoza appeared pro se in the removal proceedings. We review de novo claims of due process violations in removal proceedings. Jacinto v. INS, 208 F.3d 725, 727 (9th Cir.2000).

Due process is violated in an immigration proceeding when “(1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.”…