Cuche-Ortega

MEMORANDUM **

In this immigration case, Fadilia Magali Cuche-Ortega, a native and citizen of Guatemala, seeks reversal or, in the alternative, an order vacating and remanding a decision of the Board of Immigration Appeals (BIA). The BIA affirmed the decision of an immigration judge denying for lack of credibility Cuehe-Ortega’s applications for asylum and withholding of removal from the United States. On appeal, Cuche-Ortega argues that the immigration judge erred in finding her not credible and denied her due process in refusing to admit Cuche-Ortega’s expert witness testimony. We review this decision for substantial evidence, Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002), conclude that Cuche-Ortega received sufficient process, find that substantial evidence supports the BIA’s decision, and affirm the BIA’s decision.

The Due Process Clause of the Fifth Amendment applies to deportation and removal proceedings. Reno v. Flores, 507 U.S. 292, 306 , 113 S.Ct. 1439 , 123 L.Ed.2d 1 (1993). Due Process requires that a petitioner receive a “full and fair hearing of his claims and a reasonable opportunity to present evidence on his behalf.” Cano-Merida v. INS, 311 F.3d 960, 964…