Kuifeng Cheng v. Holder

MEMORANDUM **

Kuifeng Cheng (“Cheng”), a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his asylum, withholding of removal, and Convention Against Torture claims. We deny the petition for review.

I. We review claims of due process violations de novo. See Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam); Colmenar v. INS, 210 *702 F.3d 967, 971 (9th Cir.2000). Where, as here, the BIA affirms the decision of the IJ and adds its own analysis, we review both decisions. See, e.g., Paramasamy v. Ashcroft, 295 F.3d 1047, 1050 (9th Cir. 2002).

“The BIA’s decision will be reversed on due process grounds if (1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.” Ibarra-Flores v. Gonzales, 439 F.3d 614, 620-21 (9th Cir.2006) (internal quotation marks and citation omitted); see also Colmenar, 210 F.3d at 971 .

We need not decide whether Cheng was deprived of a…