Macias

Macias v. Gonzales

Good Law
229 F. App'x 625
United States Court of Appeals for the Ninth CircuitApril 27, 2007No. 04-74641California289 words

Opinion

Lead Opinion

*626 MEMORANDUM **

Raul Lara Macias seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying Lara’s application for cancellation of removal. We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review in part, dismiss in part, grant in part, and remand.

Lara contends the IJ violated due process by not giving Lara additional time to subpoena the testimony of his prior doctor. Contrary to Lara’s contention, the proceedings were not “so fundamentally unfair that [he] was prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (citation omitted). Moreover, Lara failed to demonstrate that additional testimony would have affected the outcome of the proceedings. See id. (requiring prejudice to prevail on a due process challenge).

We lack jurisdiction to review the IJ’s discretionary determination that Lara failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).

The IJ granted…

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