Ortega-Rodriguez

MEMORANDUM *

Petitioner raises due process challenges to his 1998 expedited removal order and to the reinstatement of that order in 1999. “As a predicate to obtaining relief for a violation of procedural due process rights in immigration proceedings, an alien must show that the violation prejudiced him.” Ramirez-Alejandre v. Ashcroft, 320 F.3d 858, 875 (9th Cir.2003) (en banc); see also United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000) (holding that petitioner must show that he had a plausible ground for relief from removal to establish prejudice). Even assuming that a due process violation occurred, petitioner has not shown such prejudice.

Petitioner argues that he would have been eligible for cancellation of removal in 1998 had he been accorded due process. In 1999, however, following petitioner’s second undisputed illegal entry, he was convicted for a second time of spousal abuse under California Penal Code § 273.5(a). This offense is a crime of moral turpitude under the Immigration and Nationality Act. See Grageda v. INS, 12 F.3d 919, 922 (9th Cir.1993).

Petitioner does not qualify for either of the exceptions, under 8 U.S.C. § 1182 (a)(2)(A)(ii), to the…