Ricardo Avalos-Padilla v. Eric Holder, Jr. , 441 F. App'x 448 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO ERNESTO AVALOS- No. 09-73165
PADILLA,
Agency No. A092-810-118
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Ricardo Ernesto Avalos-Padilla, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims
*
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).
of due process violations in immigration proceedings, Sandoval-Luna v. Mukasey,
526 F.3d 1243, 1245-46 (9th Cir. 2008), and we deny the petition for review.
Avalos-Padilla’s due process claim fails because Avalos-Padilla was given
the opportunity to present witnesses on his behalf, he failed to request a
continuance when they did not appear, and he failed to demonstrate that the
absence of their testimony prejudiced him. See Lata v. INS, 204 F.3d 1241, 1246
(9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due
process claim).
Avalos-Padilla’s contention that the IJ improperly judged his application on
the basis of his witnesses’ failure to appear at his hearing is not supported by the
record.
PETITION FOR REVIEW DENIED.
2 09-73165