Partida-Serrano

Partida-Serrano v. Gonzales

Good Law
146 F. App'x 879
United States Court of Appeals for the Ninth CircuitAugust 29, 2005No. 04-70618California465 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Alfego Partida-Serrano (“Partida”) petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion the decision of the Immigration Judge (“IJ”), who found Partida removable and denied his request for relief from deportation under former § 212(c) of the INA. Partida contends, first, that he did not receive a full and fair hearing because the IJ was biased against him, and second, that the BIA inappropriately streamlined his case. Because the BIA affirmed without opinion the decision of the IJ, we review the IJ’s opinion, which is the final agency action. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). We deny the petition for review.

Partida’s primary challenge to his removal order is his contention that the IJ was biased against him. An immigrant certainly has a due process right to a full and fair hearing before an impartial judge. Reyes-Melendez v. INS, 342 F.3d 1001, 1006 (9th Cir.2003). Here, however, the record does not reflect that the IJ was biased. Rather, the IJ’s opinion is both thorough and thoughtful. In addition, the record establishes that the IJ took considerable pains to allow Partida to explain…

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