Lizardi-Barajas

Lizardi-Barajas v. Gonzales

Good Law
196 F. App'x 495
United States Court of Appeals for the Ninth CircuitAugust 2, 2006No. 05-73534California335 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Alberto Lizardi-Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

We reject Lizardi-Barajas’s contention that the IJ violated due process by refusing to let his mother testify because Lizardi-Barajas failed to demonstrate that additional testimony would have affected the outcome of the proceedings. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (citation omitted) (requiring prejudice to prevail on a due process challenge).

*496 Lizardi-Barajas’s contention that the IJ did not consider all relevant hardship factors is not supported by the record and does not amount to a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[tjraditional abuse of discretion challenges…

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