Yac-Salanic

MEMORANDUM **

Felipe Moises Yac-Salanic, a.k.a. Pedro Gonon-Xiap, a native and citizen of Guatemala, 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 asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing due process claims de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and factual findings for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we deny the petition for review.

Even if the IJ erred by failing to consider the 2002 State Department’s country report for Guatemala, the BIA’s subsequent consideration of the report as part of Yac-Salanic’s motion to reopen and remand cured any error. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995) (explaining that any error caused by IJ’s refusal to consider petitioner’s exhibits was cured by BIA’s subsequent consideration of that evidence). Thus, Yac-Salanic’s due process contention fails because he has not shown prejudice. See Colmenar, 210 F.3d at 971 (requiring an applicant to show prejudice in order to…