Hemyare

MEMORANDUM **

Petitioner Abdullah Abdulhak Al Hemyare, a native and citizen of Yemen, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), affirming the Immigration Judge’s (“IJ’s”) denial of his motion for adjustment of status. He also petitions for review of the BIA’s order denying his motion to reopen to allow him to apply for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”).

We have jurisdiction pursuant to 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). “We have jurisdiction to review due process challenges to immigration proceedings.” Lopez-Umanzor v. Gonzales, 405 F.3d 1049, 1053 (9th Cir. 2005). We deny the petition.

Although the questioning by the IJ during Petitioner’s 2002 hearing for adjustment of status certainly may be characterized as hostile, we do not believe it amounts to a violation of Petitioner’s due process rights. 1 The IJ’s comments regarding Petitioner’s appearance and likely attractiveness to women were inappropriate. However, his comments did not…