261 F. App'x 979

Jorge Aguilar VAZQUEZ, Petitioner, v. Michael B. MUKASEY,* Attorney General, Respondent.

No. 06-75495.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007.**

Filed Dec. 28, 2007.

Victor D. Nieblas Pradis, City of Industry, CA, for Petitioner.

CAC-District, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, David V. Bernal, Attorney, Liza S. Murcia, Esq., DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

MEMORANDUM ***

Jorge Aguilar Vazquez seeks review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We have *980jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we deny the petition for review.

Aguilar Vazquez contends the IJ violated due process by exhibiting bias. Contrary to Aguilar Vazquez’s 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, the BIA’s independent discretionary determination cured any IJ error regarding Aguilar Vazquez’s stepfather’s eligibility for Social Security benefits. See Elnager v. INS, 930 F.2d 784, 787 (9th Cir.1991); see also Colmenar, 210 F.3d at 971 (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.

Vazquez v. Mukasey
261 F. App'x 979

Case Details

Name
Vazquez v. Mukasey
Decision Date
Dec 28, 2007
Citations

261 F. App'x 979

Jurisdiction
United States

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