Chand

MEMORANDUM ***

This dispute arises from the Board of Immigration Appeals’ (“BIA”) order affirming a decision by Immigration Judge Alberto E. Gonzales (“IJ”) finding respondents Saras Wati Chand and Ganeshwar Chand (“the Chands”) subject to removal as charged, and denying their applications for asylum, withholding of removal, and for relief under Article 3 of the United Nations Convention Against Torture. On appeal, the Chands challenge the IJ and BIA decisions on due process grounds, and contest their detention as unlawful. We take occasion to note the gross fraud on the law that made up the heart of the Chands’ case. The parties are familiar with the facts; we proceed to the law.

Claims of due process violations in immigration proceedings are reviewed de novo. Hernandez de Anderson v. Gonzales, 497 F.3d 927, 932 (9th Cir.2007). An immigration proceeding violates due process “if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case. The alien must also show prejudice.” Sanchez-Cruz v. I.N.S., 255 F.3d 775, 779 (9th Cir.2001) (citations omitted). In order to show prejudice, petitioners must demonstrate that the “alleged…