Almaraz-Rodriguez

MEMORANDUM **

In these consolidated petitions, Carlos Javier Almaraz-Rodriguez, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order sustaining the Department of Homeland Security’s appeal from an immigration judge’s decision granting his application for cancellation of removal, and the BIA’s order denying his motion to reopen. We have jurisdiction pursuant to 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), and for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petitions for review.

In No. 03-72617, Almaraz-Rodriguez contends that the BIA violated his due-process rights by applying a new definition of the hardship standard. 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 (9th Cir.2000) (citation omitted). Moreover, Almaraz-Rodriguez failed to demonstrate that the absence of additional testimony may have affected the outcome of the proceedings.…