Delgadillo-Torres

Delgadillo-Torres v. Ashcroft

Good Law
103 F. App'x 220
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-72743; Agency No. A95-289-294California261 words

Opinion

Lead Opinion

MEMORANDUM **

Ernesto Delgadillo-Torres, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) order of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings, Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir. 2003), and we deny the petition.

Delgadillo-Torres contends that he was denied a full and fair hearing because the IJ did not adequately inform him of his options for relief from removal. The record shows, however, that Delgadillo-Torres was fairly apprised of the nature of the proceedings and avenues of relief available to aliens facing removal. In any event, he has not demonstrated prejudice. Cf. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (finding due process violation where petitioner was prejudiced by IJ’s conduct).

Because Delgadillo-Torres does not challenge the BIA’s conclusion that his conviction for a felony drug trafficking offense rendered him ineligible for relief from removal, he has waived the issue. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (concluding that…

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