Matta

Matta v. Gonzales

Good Law
124 F. App'x 538
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005No. 03-71342California449 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Ibrahim Salib Matta, his wife Wafaa Samy Abd El Malek, and their two minor children, Lidia and Salwa Ibrahim Salib Matta, filed a joint petition for review of an order of the Board of Immigration Appeals affirming the decision of the Immigration Judge finding Petitioners subject to an order of removal from the United States and denying their application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1252 , and we remand with instructions to clarify the record.

Because the parties are familiar with the facts, we recite them only as necessary for this decision.

Petitioners claim two due process violations. They argue the IJ wrongly excluding ten proffered documents supporting the merits of their application. They also argue the IJ abandoned his role as neutral factfinder during their hearing.

“To prevail on a due process challenge to deportation proceedings, [a petitioner] must show error and substantial prejudice.” Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000). An error exists when the proceeding is “so fundamentally unfair *540 that the alien was prevented from reasonably presenting his case.” Platero-Cortez v. INS,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.