Lopez-Giles

Lopez-Giles v. Gonzales

Good Law
212 F. App'x 652
United States Court of Appeals for the Ninth CircuitDecember 13, 2006No. 04-72387California347 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Lopez Giles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the order of an immigration judge (“IJ”) denying his application for relief under 8 U.S.C. § 1182 (c). Our jurisdiction is governed by 8 U.S.C. § 1252 (a)(2)(D). We review de novo questions of law, Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

Lopez Giles contends that he was denied due process because the IJ exhibited bias and prevented him from reasonably presenting his case. Although the record demonstrates that the IJ disapproved of Lopez Giles’ behavior and was at times hostile, her behavior does not sufficiently demonstrate that fair judgment was impossible. See Liteky v. United States, 510 U.S. 540, 555-56 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994) (judicial remarks that are critical, disapproving, or hostile, do not support a bias or partiality challenge unless the record shows that fair judgment was impossible). Further, there is nothing in the record which would indicate that *653 Lopez Giles was unable to fully present his…

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