Mena
Mena v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Carlos A. Mena, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo due process challenges, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we dismiss in part and deny in part-the petition for review.
Mena contends that the IJ denied him due process by refusing to permit his only qualifying relative to testify as to exceptional and extremely unusual hardship. The record reflects that Mena testified extensively as to hardship to his qualifying relative, and Mena fails to identify any additional information his qualifying relative would have provided. Mena therefore cannot show that the IJ’s decision caused him prejudice. Cf. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000).
We lack jurisdiction to consider Mena’s contentions concerning judicial bias and the denial of his right to counsel because Mena failed to raise these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).