Singh

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) November 2, 2007 decision affirming the Immigration Judge’s (“IJ”) finding that petitioner Tirath Singh is inadmissible and affirming the denial of his applications for relief.

Singh contends that the IJ violated his due process rights by admitting documents from Canadian immigration authorities that had not been properly authenticated. We review de novo due process claims. See Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003).

In immigration proceedings, foreign public documents may be authenticated by “any recognized procedure.” Vatyan v. Mukasey, 508 F.3d 1179, 1184 (9th Cir.2007); Khan v. INS, 237 F.3d 1143, 1144 (9th Cir.2001). The Federal Rules of Evidence do not apply to removal proceedings, and the IJ may consider evidence if it “is probative and its admission is fundamentally fair.” Espinoza v. INS, 45 F.3d 308, 309-310 (9th Cir.1995), citing Trias-Hernandez v. INS, 528 F.2d 366, 369 (9th Cir.1975); Baliza v. INS, 709 F.2d 1231, 1233-34 (9th Cir.1983). The IJ appropriately determined that the Canadian documents were authenticated by the letter from the Canadian official who…