Ashrafpour

MEMORANDUM **

Hossein Ashrafpour, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we deny the petition for review.

Ashrafpour’s sole contention is that he was denied due process when his recollections of past persecution rendered him unable to respond cogently to questions posed at his hearing, resulting in an adverse credibility finding. We review due process claims de novo. Munoz v. Ashcroft, 339 F.3d 950, 955 (9th Cir.2003) (citation omitted). We will reverse on due process grounds if the proceeding was “so fundamentally unfair that the alien was prevented from reasonably presenting his case,” Platero-Cortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986) (citation omitted) and the alien shows prejudice, see Halaim v. INS, 358 F.3d 1128, 1136 (9th Cir.2004) (citation omitted).

To support his due process claim, Ashrafpour relies on Colmenar v. INS, 210 F.3d 967 (9th Cir.2000), where the IJ refused…