Salgado

Salgado v. Mukasey

Good Law
261 F. App'x 939
United States Court of Appeals for the Ninth CircuitDecember 28, 2007Nos. 06-74946, 07-71301California264 words

Opinion

Lead Opinion

MEMORANDUM **

Janee Baena Salgado, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Ap *940 peals affirming the immigration judge’s denial of petitioner’s application for cancellation of removal. Petitioner also seeks review of the BIA’s denial of his motion to reopen which was based on petitioner’s additional evidence concerning his United States citizen son’s medical condition.

Petitioner contends that the IJ violated his due process rights by failing to sua sponte compel the testimony of petitioner’s ex-wife regarding hardship. Petitioner failed to demonstrate that additional testimony would have affected the outcome of the proceedings, see Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (requiring prejudice to prevail on a due process challenge). Petitioner also contends that the IJ erred by not properly considering the cumulative hardship effect of removal on his qualifying relatives, but we reject this contention where the IJ stated explicitly that he was considering the cumulative impact in finding no exceptional and extremely unusual hardship. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006)

The evidence that…

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