Hernandez-Chavez

Hernandez-Chavez v. Ashcroft

Good Law
101 F. App'x 759
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 02-74014California682 words

Opinion

Lead Opinion

MEMORANDUM ***

Brian Hernandez-Chavez petitions for review of an order of the Board of Immi *760 gration Appeals summarily affirming the Immigration Judge’s (IJ’s) decision in his case. As the parties are familiar with the facts, we will not repeat them here.

The IJ did not deprive Hernandez-Chavez of due process by requesting at the outset of the hearing that Hernandez-Chavez explain discrepancies between his credible fear interview and his asylum application. The discrepancies were directly relevant to Hernandez-Chavez’s credibility, which in turn was necessary to his asylum and withholding of removal claims. Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002). Requesting an explanation of the discrepancies therefore did not render the proceeding “so fundamentally unfair that [Hernandez-Chavez] was prevented from reasonably presenting his ease,” a requirement for establishing a due process violation. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (citation and internal quotation marks omitted). Because Hernandez-Chavez did not explain the inconsistencies, there was no need for the IJ to allow further presentation of the case. Additionally, although the IJ made some…

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