De Paz v. Ashcroft

MEMORANDUM **

De Paz challenges a final order of removal issued by the Board of Immigrations Appeals on June 15, 2001. Specifically, De Paz asserts that the BIA violated her due process rights by issuing a decision before she filed a brief and before sending her a transcript of the hearing before the Immigration Judge. De Paz also asserts that she was denied effective assistance of counsel.

An alien “is entitled to a full and fair hearing of [her] claims and a reasonable opportunity to present evidence on [her] behalf.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). The BIA violates an alien’s due process rights if a proceeding is “so fundamentally unfair that [an] alien [is] prevented from reasonably presenting [her] case.” Id. (quoting Platero-Cortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986)). To prevail on a due process claim, an alien must “show prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.” Id.

De Paz asserts that she was prejudiced because the BIA decided the issues involved in her cases “without any significant input from [her].” De Paz, however, has not identified any information she would have presented…