SANVICENTE MOLINA v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Oscar SANVICENTE-MOLINA, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-70689

Decided: October 21, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Karen Sarahi Monrreal-Salazar, Law Offices of Karen S. Monrreal, Reno, NV, for Petitioner Linda Y. Cheng, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Oscar Sanvicente-Molina, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

Sanvicente-Molina’s claim that the IJ violated due process by allegedly excluding his wife’s testimony fails for lack of prejudice, where he did not establish that his wife’s testimony may have changed the result in his case. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

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