Nehimaya-Guerra

MEMORANDUM **

Jason Mauricio Nehimaya-Guerra (“Nehimaya”) petitions for review of the BIA’s decision vacating the IJ’s order granting deferral of removal under the Convention Against Torture and dismissing his appeal of the IJ’s denial of withholding of removal and withholding of removal under the Convention Against Torture. We grant the petition, and remand for further proceedings.

We have jurisdiction to review the underlying removal order to determine whether it comported with due process. Arreola-Arreola v. Ashcroft, 383 F.3d 956 (9th Cir.2004). The Due Process Clause of

the Fifth Amendment applies to aliens in removal hearings and requires at a minimum a “full and fair hearing.” Alvarez-Santos v. INS 332 F.3d 1245, 1252 (9th Cir.2003) (citing Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999); Reno v. Flores, 507 U.S. 292, 306 , 113 S.Ct. 1439 , 123 L.Ed.2d 1 (1993)). An alien who claims that a removal order was entered in violation of due process must show prejudice, “which means that the outcome of the proceeding may have been affected by the alleged violation.” Lopez-Umanzor v. Gonzales, 405 F.3d 1049, 1057 (9th Cir. 2005). “The standard does not demand absolute…