Alianza

Alianza v. Ashcroft

Good Law
110 F. App'x 768
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 03-71717; Agency No. A75-020-326California381 words

Opinion

Lead Opinion

MEMORANDUM **

Edgardo M. Alianza, a native and citizen of the Philippines, petitions for review from the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decisions denying his applications for asylum, withholding of deportation, and suspension of deportation. Alianza also petitions for review the BIA’s denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147 , 1150 (9th Cir.1997). We review de novo due process challenges. Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir. 2003). We review the denial of a motion to reopen for abuse of discretion. Bolshakov v. INS, 133 F.3d 1279, 1281 (9th Cir.1998). We deny the petition for review.

Alianza contends that the IJ denied him due process by restricting the breadth of his direct testimony and refusing to permit his expert witness to testify. This contention fails because Aianza does not demonstrate that he was prejudiced by the IJ’s conduct. See Padilla, 334 F.3d at 924-25 (concluding that due process challenge failed because the petitioner could not demonstrate any “plausible ground for relief,” and therefore could not prove the…

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