Vargas-Magallon
Vargas-Magallon v. Gonzales
Opinion
Lead Opinion
*604 MEMORANDUM **
Jaime Vargas-Magallon, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We review de novo due process challenges, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we dismiss in part and deny in part the petition for review.
The IJ denied Vargas-Magallon’s application for cancellation of removal because he failed to establish that his daughter, who is a United States citizen, would suffer exceptional and extremely unusual hardship if he is removed to Mexico. We lack jurisdiction to review this discretionary determination. See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003).
We reject Vargas-Magallon’s contention that he was denied due process when the IJ continued his hearing for six days due to the unavailability of the interpreter. 1 Vargas-Magallon agreed to the continuance and has not demonstrated prejudice because he did not show that the continuance affected the outcome of the proceedings. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000).