Francisco Rivas Bach Mejia v. Eric Holder, Jr.

MEMORANDUM

Petitioners Francisco Rivas Bach Mejia, his wife Veronica, and their children, Rebeca and Diego, seek review of two final orders issued by the Board of Immigration Appeals: the December 14, 2010 order dismissing Petitioners’ appeal and the July 12, 2011 order denying their motion to reopen. Petitioners argue: (1) that the Board erred in not considering customary international law as an independent ground for relief from removal; (2) that because the transcript omits parts of the first hearing, their due process rights were violated; and (3) that the Board abused its discretion in denying their motion to reopen.

First, even if the Convention on the Rights of the Child were customary international law, Congress may legislate beyond the limits imposed by international law. Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005). Because Congress has enacted an extensive legislative scheme regarding immigration, customary international law is inapplicable in immigration proceedings, and neither an immigration judge nor the Board has jurisdiction to hear such a claim. Galo-Garcia v. INS, 86 F.3d 916, 918 (9th Cir.1996).

Second, to succeed on a due process claim,…