Julio Alvitres-Campos v. Eric Holder, Jr.

MEMORANDUM

Julio Cesar Alvitres-Campos, a native and citizen of Peru, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of removal of an immigration judge (“IJ”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual determinations and review de novo due process claims. Vilchez v. Holder, 682 F.3d 1195, 1198-99 (9th Cir.2012). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Alvitres-Campos had not satisfied his burden of proving by clear and convincing evidence that he is present in the United States pursuant to a prior lawful admission, because Alvitres-Cam-pos did not offer any evidence to corroborate his claim that he had entered the United States on a tourist visa. See 8 U.S.C. § 1229a(c)(2)(B) (“[T]he [alien must] demonstrate[] by clear and convincing evidence that he or she is lawfully present in the United States pursuant to a prior admission”).

Moreover, Alvitres-Campos has not demonstrated that the agency’s refusal to continue his removal proceedings caused him to suffer any prejudice because, at the time of the…