Estrada-Chavarria

Estrada-Chavarria v. Gonzales

Good Law
141 F. App'x 623
United States Court of Appeals for the Ninth CircuitAugust 5, 2005No. 04-72313; Agency Nos. A75-665-664, A75-665-665, A75-665-666, A75-665-667, A75-665-668California366 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioners Jorge Estrada-Chavarria and Rosalinda Conejo-Manzano, husband and wife, and three of their children, Jose Luis Estrada-Conejo, Jose Raul EstradaConejo and Emmanel Estrada-Conejo, all *624 natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order of removal and denial of cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 and deny the petitions.

Petitioners contend that they were denied their due process rights to a “full and fair hearing” in their removal proceedings, a claim that we review de novo. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We will reverse the BIA’s decision on due process grounds if (1) “the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his ease,” and (2) prejudiced ensued. Id. (internal quotation marks and citation omitted). The BIA affirmed, without opinion, the Immigration Judge’s (“IJ”) decision. We accordingly review the IJ’s decision as the final agency action. Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 815 (9th Cir.2004).

The removal proceedings at issue here did not violate the petitioners’ due process…

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