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360 F. App'x 792

Rivera-Wheeler v. Holder

U.S. Courts of Appeals

Decided December 28, 2009

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U.S. Courts of Appeals · decided 2009-12-28

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

Relies on Mohammed v. Gonzales · Gil Ilano v. Immigration and Naturalization Service

Decided 2009-12-28

¶1 MEMORANDUM

¶2 Apple Yap Rivera-Wheeler, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision finding her subject to removal and granting voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, including claims of due process violations in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

¶3 We agree with the BIA that Rivera-Wheeler failed to demonstrate that the conduct of proceedings resulted in prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (requiring prejudice to prevail on a due process challenge).

¶4 Rivera-Wheeler’s remaining contentions are unpersuasive.

¶5 PETITION FOR REVIEW DENIED.

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

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