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Alvarado v. Gonzales

United States Court of Appeals, Ninth Circuit
Aug 21, 2007
235 F. App'x 622 (9th Cir. 2007)

Opinion

No. 04-75100.

Submitted August 13, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 21, 2007.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A74-S24-072.

Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Ma Luz Ines Medina Alvarado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order summarily affirming an Immigration Judge's ("IJ") order denying her application for suspension of deportation. We review constitutional claims de novo. See Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny the petition for review.

Alvarado contends the IJ violated due process by failing to inform her of the nature of the proceedings against her, failing to elicit responses necessary for an accurate presentation of her case, and failing to provide her with an opportunity to present her testimony. Contrary to Alvarado's contention, she was not "prevented from reasonably presenting [her] case," Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (quotation and citation omitted), and she failed to demonstrate that additional testimony would have affected the outcome of the proceedings, see id. (requiring a showing of prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.


Summaries of

Alvarado v. Gonzales

United States Court of Appeals, Ninth Circuit
Aug 21, 2007
235 F. App'x 622 (9th Cir. 2007)
Case details for

Alvarado v. Gonzales

Case Details

Full title:Ma Luz Ines Medina ALVARADO, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 21, 2007

Citations

235 F. App'x 622 (9th Cir. 2007)