Rodriguez-Alvarado

Rodriguez-Alvarado v. Mukasey

Good Law
285 F. App'x 427
United States Court of Appeals for the Ninth CircuitJuly 10, 2008No. 05-72023California302 words

Opinion

Lead Opinion

MEMORANDUM **

Lazaro Rodriguez-AIvarado, 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. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

We are not persuaded that the qualifying relative requirement for cancellation of removal violates equal protection. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“[L]ine-drawing decisions made by Congress or the President in the context of immigration and naturalization must be upheld if they are rationally related to a legitimate government purpose.” (internal quotation marks and citation omitted)).

Rodriguez-AIvarado contends that the IJ violated due process by denying a continuance. Contrary to his 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…

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