Arroyo

Arroyo v. Gonzales

Good Law
158 F. App'x 868
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-75375California430 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Del Socorro Garcia Arroyo and Francisco Garcia, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Reviewing the IJ’s decision as the final agency action, Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003), we deny the petition for review.

The petitioners contend that they were deprived of their due process rights to a “full and fair hearing,” a claim that we review de novo. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). To prevail, the petitioners must show that the proceeding was so fundamentally unfair that they were prevented from reasonably presenting their case. See id. They must also demonstrate prejudice, meaning that the outcome of the proceeding may have been affected by the alleged due process violation. See id.; see also Reyes-Melendez v. INS, 342 F.3d 1001, 1007 (9th Cir. 2003).

According to the petitioners, the IJ’s refusal to hear medical testimony prevented them…

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