Rodriguez
Rodriguez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Jose Angel Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) denial of his appeal from an adverse immigration judge (“IJ”) ruling on his application for cancellation of removal. The BIA denied his appeal after determining that the IJ did not improperly assume a prosecutorial role in Rodriguez’s hearing and that the record supported the IJ’s determination that Rodriguez failed to satisfy the “exceptional and extremely unusual hardship” standard necessary for cancellation of removal. Rodriguez argues here that the IJ denied Rodriguez due process by significantly interfering in a hostile, prosecutorial manner with his attorney’s presentation of his case. We deny his petition for review.
In reviewing due process violations, this court “will reverse the BIA’s decision on due process grounds if the proceeding was *846 ‘so fundamentally unfair that the alien was prevented from reasonably presenting his case.’ ” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (quoting Platero-Cortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986)). “We also require an alien to show prejudice, which means that the outcome of the…