Carlos Hernandez v. Eric Holder, Jr.

481 F. App'x 80

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 28, 2012
• Docket: 12-1447
• Status: Unpublished

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Carlos Alberto Hernandez, a native and citizen of El Salvador, petitions for review of an order' of the Board of Immigration Appeals (“Board”) dismissing his appeal from the immigration judge’s order finding him removable and statutorily ineligible for cancellation of removal. Hernandez claims that he was denied due process because the immigration judge failed to give him the proper advisals under 8 C.F.R. § 1240.10(a) (2012). He further claims prejudice is presumed and the case should be remanded. We disagree and deny the petition for review.

This court has held that for an alien to establish a due process violation arising from a removal proceeding, the alien must show “(1) that a defect in the proceeding rendered it fundamentally unfair and (2) that the defect prejudiced the outcome of the case.” Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir.2008). Prejudice is shown if the defect had an impact on the results of the proceeding. Id. Hernandez fails to show he was prejudiced due to any defect in the proceeding. See Delgado-Corea v. INS, 804 F.2d 261, 262-63 (4th Cir.1986).

Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.