Ahmed

Ahmed v. Ashcroft

Good Law
118 F. App'x 272
United States Court of Appeals for the Ninth CircuitDecember 17, 2004No. 02-73100; Agency No. A75-713-270California390 words

Opinion

Lead Opinion

MEMORANDUM **

Mostak Uddin Ahmed, a native and citizen of Bangladesh, petitions for review from a summary affirmance by the Board of Immigration Appeals (“BIA”) of an Immigration Judge’s (“IJ”) denial of his request for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review the IJ’s decision as if it were that of the BIA. see Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004), and we deny the petition for review.

The IJ refused to grant a continuance to allow for the completion of the fingerprint check Ahmed submitted to only a day before the hearing. See 8 C.F.R. 208.10 (“Failure to comply with fingerprint processing requirements without good cause may result in dismissal of the application or waiver of the right to adjudication by an asylum officer.”). Ahmed argues that the IJ’s instructions to him and *274 his counsel regarding the need to allow four months at most and two months at least for a fingerprint check provided inadequate notice and thus violated due process.

To prevail on his due process claim Ahmed must show “substantial prejudice” from the alleged .violation. See Lara-Torres v. Ashcroft, 388 F.3d 968 , 973 (9th…

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