Medrano-Ramirez

Medrano-Ramirez v. Ashcroft

Good Law
96 F. App'x 508
United States Court of Appeals for the Ninth CircuitApril 27, 2004No. 03-72727California337 words

Opinion

Lead Opinion

MEMORANDUM **

Ramiro Medrano-Ramirez and Natividad Zambrano de Medrano, natives and *509 citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal of the immigration judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we deny the petition for review.

Petitioners challenge the IJ’s denial of cancellation of removal on due process grounds, based on the manner in which the IJ conducted their removal hearing. The Petitioners’ contention that the IJ deprived them of a full and fair hearing fails, however, because Petitioners do not show that any interference with their counsel’s ability to conduct direct examination resulted in prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (holding that an alien asserting a due process claim in deportation proceedings must demonstrate prejudice).

Ultimately, the record does not show that the proceedings were “so fundamentally unfair that the alien was prevented from…

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