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295 F. App'x 132

Monreal v. Mukasey

U.S. Courts of Appeals

Decided September 24, 2008

U.S. Courts of Appeals · decided 2008-09-24

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Gil Ilano v. Immigration and Naturalization Service · Vasquez-Zavala v. Ashcroft

Decided 2008-09-24

¶1MEMORANDUM

¶2Samuel Rodriguez Monreal and Estela Duran De Rodriguez, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their *133applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

¶3Petitioners contend the IJ violated due process in her management of the presentation of testimony and evidence during their merits hearing. Contrary to petitioners’ contention, the proceedings were not “so fundamentally unfair that [they were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (internal quotation marks and citation omitted). Moreover, petitioners failed to demonstrate prejudice. See id.(requiring prejudice to prevail on a due process challenge).

¶4PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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