DANIEL GARCIA OLIVERA, AKA Daniel Olivera Garcia v. WILLIAM P. BARR, Attorney General

17-71251Court of Appeals for the Ninth CircuitApr 22, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL GARCIA OLIVERA, AKA Daniel
Olivera Garcia,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-71251
Agency No. A205-716-431
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Daniel Garcia Olivera, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-71251
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
Garcia Olivera’s due process claim fails for lack of prejudice, where he
does not address how any incompetent interpretation at his hearing prevented him
from presenting evidence or testimony relevant to the issue of exceptional and
extremely unusual hardship to a qualifying relative. See Aden v. Holder, 589 F.3d
1040, 1047 (9th Cir. 2009) (“To establish a due process violation, a petitioner must
show that defects in translation prejudiced the outcome of the hearing.”).
PETITION FOR REVIEW DENIED.

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