Angel Carrillo-Guanin v. Eric Holder, Jr.

Good Law
508 F. App'x 601
United States Court of Appeals for the Ninth CircuitFebruary 13, 201311-73836California298 words

Opinion

Opinion

MEMORANDUM

Angel Carrillo-Guanin, a native and citizen of Ecuador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a removal order of an immigration judge (“IJ”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, including due process claims. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 926 (9th Cir.2007). We deny the petition for review.

The BIA did not err in dismissing Carrillo-Guaniris appeal on the ground that he had waived his right to appeal. See Matter of Rodriguez-Diaz, 22 I. & N. Dec. 1320,1322 (BIA 2000) (“By waiving appeal, an alien relinquishes the opportunity to obtain review of the Immigration Judge’s ruling.”).

The BIA also did not violate Carrillo-Guanin’s right to due process by failing to provide him with a transcript of the removal hearings or the IJ’s oral decision, failing to allow him to argue that his waiver of the right to appeal was invalid, failing to consider the validity of his waiver of appeal, or failing to issue a briefing schedule, because Carrillo-Guanin has not demonstrated that the BIA’s actions prejudiced the outcome of his removal proceedings in light…

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