Ochoa-Jaimes

MEMORANDUM **

In these consolidated petitions, Leode-gario Ochoa-Jaimes and Josefina Magana de Ochoa, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying Ochoa-Jaimes’ motion to terminate and denying Ochoa’s application for cancellation of removal, and its order denying Ochoa’s motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we review de novo questions of law and claims of constitutional violations in immigration proceedings. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petitions for review.

The IJ did not err or violate due process in denying the motion to terminate where Ochoa-Jaimes was properly served with his Notice to Appear (“NTA”), appeared at his hearing, and failed to demonstrate prejudice. See Kohli v. Gonzales, 473 F.3d 1061, 1065-67 (9th Cir.2007) (illegibility of signature of issuing officer on NTA does not deprive immigration court…