Alvarez

Alvarez v. Gonzales

Good Law
122 F. App'x 336
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 03-72603; Agency No. A75-016-365California442 words

Opinion

Lead Opinion

MEMORANDUM ***

Silda Lorena Solis Alvarez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process contentions. Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003). We review a denial of asylum for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

Petitioner’s contention that the IJ violated her due process rights by denying a motion for second continuance lacks merit because petitioner fails to provide any evidence that she suffered any prejudice or that the hearing was a “proceeding [that] was so fundamentally unfair that [she] was prevented from reasonably presenting [her] case.” See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000).

Petitioner’s contention that the BIA’s decision violates due process is foreclosed by our decision in Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003)…

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