Martinez Rodriguez v. Holder , 381 F. App'x 671 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GUILLERMO MARTINEZ No. 08-70286
RODRIGUEZ,
Agency No. A075-660-347
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Guillermo Martinez Rodriguez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) order granting him voluntary departure. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process
*
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).
violations in immigration proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th
Cir. 2000). We deny the petition for review.
We agree with the BIA’s conclusion that Martinez Rodriguez failed to
demonstrate prejudice from the IJ’s refusal to consider additional evidence of
hardship, and his due process claim therefore fails. See id. (requiring prejudice to
prevail on a due process challenge).
In light of our disposition, we do not consider Martinez Rodriguez’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 08-70286