Guillermo Martinez Rodriguez v. ERIC H. HOLDER, Jr., Attorney General

08-70286Court of Appeals for the Ninth CircuitJun 2, 2010

Full text

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NOT FOR PUBLICATION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
GUILLERMO MARTINEZ
RODRIGUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70286
Agency No. A075-660-347
MEMORANDUM*
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.
Guillermo Martinez Rodriguez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) order granting him voluntary departure. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process
FILED
JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-70286 2
violations in immigration proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th
Cir. 2000). We deny the petition for review.
We agree with the BIA’s conclusion that Martinez Rodriguez failed to
demonstrate prejudice from the IJ’s refusal to consider additional evidence of
hardship, and his due process claim therefore fails. See id. (requiring prejudice to
prevail on a due process challenge).
In light of our disposition, we do not consider Martinez Rodriguez’s
remaining contentions.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.