Manuel Vilchez v. Eric Holder, Jr.

Petitioner Manuel Vilchez, a lawful permanent resident, pled guilty in 2007 to felony domestic battery. He was charged with removability based on this conviction. He conceded removability and applied for cancellation of removal. The Immigration Judge (“IJ”) conducted Vilchez’s hearing by video conference. The IJ denied Vilchez’s application, and the Board of Immigration Appeals (“BIA”) affirmed. Vilchez petitions for review, arguing inter alia that the video-conference hearing violated his right to due process. We conclude, in the circumstances of this case, that there was no due process violation.

We deny the petition for review.

I. Background

Vilchez is a native and citizen of Peru. He first came to the United States in 1990 when he was twelve. He became a lawful permanent resident in 1995.

Vilchez has a United States citizen son, Tristan, born in 2001, whom he helps support financially. Vilchez’s mother, stepfather, three brothers, and sister live in the United States. They are all either citizens or lawful permanent residents. The only member of Vilchez’s extended family who does not live in the United States appears to be his maternal grandmother, who lives in…