Elmer Bolanos-Madrid v. Eric Holder, Jr. , 550 F. App'x 443 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELMER WILFREDO BOLANOS- No. 12-71469
MADRID, a.k.a. Elmer Wilfredo Bolanos,
a.k.a. William Bolanos, Agency No. A044-025-218
Petitioner,
MEMORANDUM*
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Elmer Wilfredo Bolanos-Madrid, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s (“IJ”) decision ordering him removed. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process
violations. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We deny
the petition for review.
The IJ did not err by failing to advise Bolanos-Madrid that he could apply
for withholding of removal or protection under the Convention Against Torture
because Bolanos-Madrid indicated he did not fear returning to El Salvador for any
reason. See Valencia v. Mukasey, 548 F.3d 1261, 1262-63 (9th Cir. 2008) (there is
no requirement that an alien be advised of the availability of relief where there is
no apparent eligibility for it); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error and prejudice to prevail on a due process claim). We reject
Bolanos-Madrid’s contention that the IJ was required to take administrative notice
of general gang violence in El Salvador and advise him of the availability of relief
on this basis. Thus, Bolanos-Madrid’s due process claim fails.
PETITION FOR REVIEW DENIED.
2 12-71469