TEODORO GUERRERO VENEGAS AKA v. LORETTA LYNCH (2016)

United States Court of Appeals, Ninth Circuit.

TEODORO GUERRERO-VENEGAS, AKA Juan Pablo Quinones-Guerrero, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

No. 15-70914

Decided: September 19, 2016

Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.

MEMORANDUM*

Teodoro Guerrero-Venegas, 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 decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.

Guerrero-Venegas' contention that the agency violated its own regulations governing the pleading stage of proceedings fails for lack of prejudice, because he does not dispute the factual basis for removability. See Kohli v. Gonzales, 473 F.3d 1061, 1066 (9th Cir. 2007) (petitioner must demonstrate that he was prejudiced by the agency's violation of its own regulation); 8 C.F.R. § 1240.10.

We reject Guerrero-Venegas' contention that the BIA issued an order of removal in the first instance.

PETITION FOR REVIEW DENIED.

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