Kathya Romero Velazquez v. Eric H. Holder Jr. , 491 F. App'x 823 ( 2012 )

FILED
NOT FOR PUBLICATION NOV 07 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KATHYA DOROTEA ROMERO No. 08-72821
VELAZQUEZ,
Agency No. A095-175-545
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted October 16, 2012
San Francisco, California
Before: WALLACE and BEA, Circuit Judges, and RESTANI, Judge.**
Because Velazquez’s counsel did not show he obtained his client’s consent
to the motion to dismiss he filed on her behalf, the motion is denied. We will
consider this case on the merits.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Jane A. Restani, Judge for the U.S. Court of
International Trade, sitting by designation.
Because Velazquez has not shown that any prejudice resulted from the
Immigration Judge’s alleged failure to inform her of the potential for pre-
conclusion voluntary departure, any right to due process was not violated. See
United States v. Calles-Pineda, 627 F.2d 976, 978 (9th Cir. 1980); In Re R-S-H, 23
I. & N. Dec. 629, 644 (BIA 2003).
PETITION DENIED.