Gonzales v. Ashcroft

MEMORANDUM

Maria De Jesus Perez Gonzales (“Perez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s final order affirming the Immigration Judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Perez claims that her due process right to a full and fair hearing was violated because the IJ failed to consider the impact that severing her family unit would have on her United States citizen son when determining hardship. The record demonstrates otherwise. The IJ did consider, both during the hearing and in her oral decision, the impact Perez’s deportation would have on her citizen son, including the effect of being separated from his father, a permanent legal resident. Therefore the IJ’s decision was not “so fundamentally unfair” as to constitute a due process violation. Ryes-Melendez v. *641 INS, 342 F.3d 1001, 1006 (9th Cir.2003) (citation and internal quotation marks omitted). Moreover, there is no evidence in the record to suggest that the IJ failed to act as a neutral fact-finder. See id. at 1007 (finding that repeated snide comments and…