Bhatt
Bhatt v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Navdeep Kaur Bhatt, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) and review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.
We reject Bhatt’s contention that the BIA failed to adjudicate her claim on appeal. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice for due process violation).
We also reject Bhatt’s due process challenge that she was prejudiced by the substitution of immigration judges during her asylum proceeding, because she cannot demonstrate prejudice. See id.; see also Vides-Vides v. INS, 783 F.2d 1463, 1469 (9th Cir.1986) (denying due process claim where petitioner not prejudiced by substitution of IJ).