Magallon

MEMORANDUM ***

Ricardo Magallon, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an immigration judge’s (“IJ”) denial of his request for suspension of deportation. Because the transitional rules apply, see Kalaw v. INS, 183 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence, Kalaw, 133 F.3d at 1151, and deny the petition for review.

The IJ found that Magallon was statutorily ineligible for suspension of deportation because he could not show the requisite seven years of continuous physical presence in the United States. 1 Magallon contends that the IJ should have allowed him to demonstrate that he was not properly informed of his rights to a hearing and to be represented by counsel when he accepted a grant of voluntary departure from the INS. We disagree. Magallon did not raise this issue before the IJ, and he presented no evidence to the BIA to show that he was prejudiced by the alleged violation of his rights. See Hernandez-Luis v. INS, 869 F.2d 496, 498 (9th Cir.1989) (“To show prejudice, the alien must establish more…