Martinez-Leiva
Martinez-Leiva v. Holder
Opinion
Opinion
MEMORANDUM
Luis Alejandro Martinez-Leiva, a native and citizen of Costa Rica, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) affirming a decision by an immigration judge (“IJ”) finding him removable for having been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct, pursuant to 8 U.S.C. § 1227 (a)(2)(A)(ii), Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(ii), and denying him cancellation of removal under 8 U.S.C. § 1229b, INA § 240A, and a waiver of removability under 8 U.S.C § 1182(c), INA § 212(c). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we deny the petition for review.
1. Martinez-Leiva contends that the IJ deprived him of a full and fair hearing in violation of due process because the IJ did not explain to him what was required to establish eligibility for relief. To succeed on his due process claim, Martinez-Leiva must show that he suffered prejudice as a result of the violation. See Jacinto v. INS, 208 F.3d 725, 734 (9th Cir.2000) (“The lack of a full and fair hearing, however, will not alone establish a due process violation. The alien must establish that […