Solisumana

Solisumana v. Gonzales

Good Law
194 F. App'x 416
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 03-74032California345 words

Opinion

Lead Opinion

MEMORANDUM **

Alejandro Javier Solis-Umana, a native and citizen of Costa Rica, petitions for review of the Board of Immigration Appeals’ affirmance without opinion of the Immigration Judge’s (“IJ”) order denying his request for cancellation of removal. We deny the petition.

The Government argues that SolisUmana cannot bring a cognizable procedural due process claim in connection with his removal hearing because he has no protected liberty interest in obtaining the ultimate relief sought: the favorable exercise of the Attorney General’s discretion in cancelling removal. It is well settled in this circuit, however, that aliens have a right to a full and fair removal hearing and may bring procedural due process claims alleging that they were denied this right. See Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 380 (9th Cir.2003) (en banc). Accordingly, we proceed to the merits of Solis-Umana’s claim.

Solis-Umana has failed to show that the IJ’s conduct violated his due process rights. There is no evidence that the IJ was predisposed to deny Solis-Umana relief from removal. His manner of questioning Solis-Umana, while arguably snide and sarcastic at times, did not rise to the level…

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