Ortiz-Sanchez

Ortiz-Sanchez v. Gonzales

Good Law
130 F. App'x 189
United States Court of Appeals for the Ninth CircuitMay 9, 2005No. 03-74132California359 words

Opinion

Lead Opinion

MEMORANDUM ***

Leonor Ortiz-Sanchez petitions for review from the summary affirmance by the Board of Immigration Appeals (“BIA”) of the decision by an Immigration Judge (“IJ”) denying her relief from removal and denying voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we deny the petition.

While we do not have jurisdiction to review the denial of a request for voluntary departure, see Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004), due process protects immigrants in removal proceedings, guaranteeing a full and fair hearing. See Arreola-Arreola v. Ashcroft, 383 F.3d 956, 962 (9th Cir.2004). To prevail on due process grounds, however, Ortiz-Sanchez must show that she suffered prejudice. Id. at n. 9 (immigrant must show plausible ground for relief).

Ortiz-Sanchez did not present any evidence that she was afraid of her husband, had been abused, or was a member of a family that qualified for “social group” status. See Lin v. Ashcroft, 377 F.3d 1014, 1029 (9th Cir.2004) (as amended) (family is not automatically entitled to “social group” status). The IJ was not required to initiate a line of questioning not supported by any testimony or other…

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