Javier Dominguez-Huizar v. Eric H. Holder Jr. ( 2013 )

FILED
NOT FOR PUBLICATION DEC 12 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER DOMINGUEZ-HUIZAR, No. 08-71213
Petitioner, Agency No. A077-132-009
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Javier Dominguez-Huizar, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order sustaining the
Department of Homeland Security’s appeal from an immigration judge’s decision
granting Dominguez-Huizar’s application for adjustment of status. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process
violations, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we
deny the petition for review.
Dominguez-Huizar’s claim that the BIA denied him an opportunity to
address the intervening case law on which it based its decision is not supported by
the record. It follows that his due process claim fails. See Lata v. INS, 204 F.3d
1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due
process claim).
Any pending motions are denied as moot.
PETITION FOR REVIEW DENIED.
2 08-71213