Melendez-Mozo

Melendez-Mozo v. Ashcroft

Good Law
95 F. App'x 214
United States Court of Appeals for the Ninth CircuitApril 6, 2004No. 03-70560; Agency No. A77-336-279California343 words

Opinion

Lead Opinion

MEMORANDUM **

Monica Melendez-Mozo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order pretermitting her application for cancellation of removal because she failed to meet the ten-year continuous presence requirement. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, and will reverse the BIA’s decision only “if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition.

Melendez-Mozo contends that the IJ denied her due process by failing to give her advanced notice that she would be questioned about her date of entry into the United States at a status hearing that had been scheduled to address issues related to good moral character.

This contention fails because the IJ acted within his authority by questioning the petitioner. See 8 U.S.C. § 1229a(b)(l) (authorizing IJ to “administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses[ ]”). Moreover,…

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