Juan Carbajal Gonzalez; Patricia Soria Garcia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CARBAJAL GONZALEZ;
PATRICIA SORIA GARCIA,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72646
Agency Nos. A095-293-818
A095-293-819
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Juan Carbajal Gonzalez and Patricia Soria Garcia, 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 motion to
FILED
JUL 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72646 2
continue and pretermitting their applications for cancellation. We dismiss the
petition for review.
Petitioners have informed the court that their U visa applications have been
denied. Because the underlying relief sought has been denied, petitioners’
challenge to the denial of the continuance to pursue that relief is moot. Contrary to
petitioners’ arguments, their due process claim fails because they have not shown
prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring
prejudice for a petitioner to prevail on a due process claim).
We dismiss the petition for review as moot.
PETITION FOR REVIEW DISMISSED.

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