Bazan-Diaz

Bazan-Diaz v. Holder

Good Law
331 F. App'x 444
United States Court of Appeals for the Ninth CircuitMay 11, 2009No. 05-71897California895 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioners Victor Lorenzo Bazan-Diaz and Adela Ester Quintana de Bazan petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition.

“We review the IJ and BIA’s adverse credibility finding for substantial evidence.” Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). “We review questions of law, including due process challenges, de novo.” Shin v. Mukasey, 547 F.3d 1019, 1023 (9th Cir.2008).

I. Adverse Credibility Finding and Due Process

Bazan-Diaz challenges the IJ’s adverse credibility determination. He argues that, in making this determination, the IJ im *446 properly relied on hearsay statements by Peruvian officials whom Bazan-Diaz did not have the opportunity to cross-examine. He further contends that the IJ may have found his testimony credible if this hearsay evidence had been excluded. We disagree.

An alien in removal proceedings “shall have a reasonable opportunity to ... cross-examine…

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