BELTRAN FELIX v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Juan Carlos BELTRAN FELIX, aka Juan Carlos Beltran, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-73387

Decided: November 21, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.

Benjamin Wiesinger, John Martin Pope, Pope & Associates, PC, Phoenix, AZ, for Petitioner Surell Brady, Esquire, Trial Attorney, Michele Yvette Frances Sarko, Esquire, 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 **

Juan Carlos Beltran Felix, 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 his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process violations. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We deny the petition for review.

Beltran Felix’s due process claim fails, where the IJ gave him the opportunity to request a continuance to present his wife’s testimony, but he opted to complete the hearing that day without her testimony. See id. (“To prevail on a due-process claim, a petitioner must demonstrate both a violation of rights and prejudice.”).

PETITION FOR REVIEW DENIED.

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