Nava-Vazquez v. Holder

341 F. App'x 315
Court of Appeals for the Ninth Circuit·Decided July 27, 2009·No. No. 07-70948·Published

Opinion

MEMORANDUM **

Jose Nava-Vazquez, a native and citizen of Mexico, petitions for review of the [316] Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Nava-Vazquez contends the IJ violated due process by denying his motion to re-cuse, without issuing a written decision. Contrary to .Nava-Vazquez’s contention, he did not demonstrate that recusal or a written decision regarding recusal would have affected the agency’s determination that Nava-Vazquez failed to demonstrate the requisite hardship. See id. (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.

Footnotes

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Nava-Vazquez v. Holder, 341 F. App'x 315 (9th Cir. 2009).

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