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United States Court of Appeals, Ninth Circuit.

Francisco Edenilson RODRIGUEZ-ALVA, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 19-71986

Decided: October 29, 2020

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges. Benson Lee, Esquire, Attorney, Benson Lee and Associates, Las Vegas, NV, for Petitioner Sheri Robyn Glaser, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent


Francisco Edenilson Rodriguez-Alva, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge's decision denying his request for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Corro-Barragan v. Holder, 718 F.3d 1174, 1177 (9th Cir. 2013). We deny the petition for review.

In light of the court's December 17, 2019, order dismissing the petition for review as to Rodriguez-Alva's cancellation of removal claim, we do not address the cancellation of removal contentions raised in Rodriguez-Alva's opening brief. See Docket Entry No. 9 (dismissing petition for review as to cancellation of removal claim).

Rodriguez-Alva's contention that the agency violated his due process rights by improperly denying voluntary departure fails, where Rodriguez-Alva did not meet his burden to establish his eligibility. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

On December 17, 2019, the court granted a stay of removal. The stay of removal remains in place until issuance of the mandate.


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