Vega-Zamora
Vega-Zamora v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Felipe Vega-Zamora petitions this court to review the decision by the Board of Immigration Appeals (BIA) dismissing his appeal of removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 (b) and we deny the petition.
I
Because the parties are familiar with the facts, we do not recite them here. We review de novo whether removal proceedings violated an alien’s due process rights. See Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000). Due process under the Fifth Amendment requires that aliens in removal proceedings “receive a full and fair hearing.” Jacinto v. INS, 208 F.3d 725, 727 (9th Cir.2000). A due process violation occurs only when, as a result of the lack of a full and fair hearing, the outcome of the proceeding has been affected and the alien has been prejudiced. See Larita-Martinez, 220 F.3d at 1095 . In removal proceedings, an alien “shall have a reasonable opportunity ... to present evidence on the alien’s own behalf .... ” 8 U.S.C. § 1229a(b)(4)(B).
Vega-Zamora alleges that he was not given a reasonable opportunity to present evidence to challenge the immigration laws under which he was being removed because the Immigration Judge told…