Matsumaru v. Holder , 380 F. App'x 725 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SHO JIRO MATSUMARU, a.k.a. S. Jay No. 07-74682
Matsumaru,
Agency No. A023-125-040
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.
Sho Jiro Matsumaru, a native and citizen of Japan, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) order of removal. We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo claims of due process violations. Sandoval-Luna v.
*
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).
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition
for review.
Matsumaru contends the IJ violated due process by denying his request for a
continuance and by excluding the testimony of his criminal defense attorney.
Contrary to Matsumaru’s contentions, 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). Matsumaru has also not
shown that the outcome of the proceeding may have been affected by the alleged
violations. Id.Matsumaru’s remaining contentions lack merit.
The motion of Matsumaru’s retained counsel, Judith L. Wood and Jesse A.
Moorman, to withdraw as counsel of record is granted. The Clerk shall enter on
the docket petitioner, Sho Jiro Matsumaru, 9026 Hubbard Street, Culver City, CA
90232, as appearing pro se.
PETITION FOR REVIEW DENIED.
2 07-74682