Espinoza

Espinoza v. Gonzales

Good Law
205 F. App'x 506
United States Court of Appeals for the Ninth CircuitNovember 9, 2006No. 04-76422California276 words

Opinion

Lead Opinion

MEMORANDUM **

Elda Mejia Espinoza and her son Jorge Luis Orozco Mejia, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order denying their 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.

The petitioners contend that the IJ violated their due process rights by ruling on their applications when filed, instead of allowing them a later opportunity to present additional evidence. We reject this contention because they failed to demonstrate that additional testimony would have affected the outcome of the proceedings given that they lack a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(d) (requiring a qualifying relative to be eligible for cancellation of removal relief); Colme *507 nar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (requiring prejudice to prevail on a due process challenge).

To the extent the…

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