Vargas-Martinez
Vargas-Martinez v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Jose Martin Vargas-Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal and denying his motion to remand. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and for an abuse of discretion the decision to deny a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny in part and dismiss in part the petition for review.
Vargas-Martinez contends that he was denied due process because the transcript of his removal proceedings was incomplete. We agree with the BIA that Vargas-Mar *776 tinez’s contention is unavailing because he failed to demonstrate how a transcript of the three unrecorded master calendar hearings would have affected the outcome of the proceedings. See Colmenar, 210 F.3d at 971 (requiring prejudice to prevail on a due process challenge).
We lack jurisdiction over Vargas-Martinez’s contentions that the IJ did not read the allegations and…