Antonio Lemus-Covarruvias v. Eric Holder, Jr. , 441 F. App'x 435 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTONIO LEMUS-COVARRUVIAS, No. 10-70165
a.k.a. Antonio Lemus,
Agency No. A096-367-664
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Antonio Lemus-Covarruvias, 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 cancellation of
removal. We review de novo claims of due process violations in removal
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny the
petition for review.
Lemus-Covarruvias’ claim that the IJ violated his due process rights by
exhibiting bias fails because the proceedings were not so fundamentally unfair that
he was prevented from reasonably presenting his case, and he failed to demonstrate
prejudice. See id. at 971-72; Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring prejudice for a petitioner to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2 10-70165