439 F. App'x 672

Daniel JAIMES-REYES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-71169.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed June 24, 2011.

Ann Kelleher, Law Offices of John R. Alcorn, Irvine, CA, for Petitioner.

Seth A. Director, Jessica Renee Cusick Malloy, OIL, DOJ-U.S. Department of Justice, Civil Division/Offiee of Immigration Litigation, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.

MEMORANDUM **

Daniel Jaimes-Reyes, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Jaimes-Reyes failed to show exceptional and extremely unusual hardship to his U.S. citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir.2009).

Jaimes-Reyes contends the IJ violated due process by refusing to admit into evidence a psychological evaluation submitted on the day of the hearing. Contrary to Jaimes-Reyes’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, Jaimes-Reyes failed to demonstrate that the additional evidence would have affected the outcome of the proceedings. See id. (requiring prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

Jaimes-Reyes v. Holder
439 F. App'x 672

Case Details

Name
Jaimes-Reyes v. Holder
Decision Date
Jun 24, 2011
Citations

439 F. App'x 672

Jurisdiction
United States

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