Ortega-Almanza

MEMORANDUM ***

Gerardo Ortega-Almanza petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal. Petitioner contends the IJ erred by finding him statutorily ineligible for cancellation of removal. Petitioner also claims that collateral estoppel or res judicata should have applied to prevent the IJ from considering the statutory argument. Finally, Petitioner maintains that certain decisions by the IJ regarding the allowance of testimony and admission of evidence denied him due process.

Petitioner’s argument that the BIA erred in its construction of the relevant statutes presents a question of law which we review de novo. See Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1017 (9th Cir. 2005). Petitioner’s due process arguments are also reviewed de novo. Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006).

Petitioner was deemed statutorily ineligible for cancellation of removal based *709 on his conviction for a crime of domestic violence. See 8 U.S.C. §§ 1229b(b)(l)(C), 1227(a)(2)(E)(I). When determining if a state conviction qualifies as a “crime of domestic violence”…