Fuentes

Fuentes v. Gonzales

Good Law
203 F. App'x 871
United States Court of Appeals for the Ninth CircuitNovember 2, 2006No. 04-70566California845 words

Opinion

Lead Opinion

MEMORANDUM **

Edvin Rohelbi Perez-Fuentes (“Perez”), a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his applications for asylum, withholding of removal, and protection under the Conventions Against Torture (“CAT”). He also alleges that he was denied his' Fifth Amendment right to due process of law when the Immigration Judge (“IJ”) interrupted his attorney’s questioning. We deny the petition for review.

I

The BIA did not err in concluding that Perez was not denied due process of law at his hearing before the IJ. To demonstrate a due process violation arising from his removal proceeding, Perez must show that “the proceeding was ‘so fundamentally unfair that [he] was prevented from reasonably presenting his-.case.’” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (quoting Platero-Cortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986)). He also must demonstrate prejudice, which requires a showing “that the outcome of the proceeding may have been affected by the alleged violation.” Colmenar, 210 F.3d at 971 .

The IJ did not commit error by offering to accept the statements in Perez’s sworn declaration as true…

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