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Antonio-Vincente v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-71469 (9th Cir. Apr. 16, 2018)

Opinion

No. 17-71469

04-16-2018

CANDELARIO ANTONIO-VINCENTE, AKA Gregrorio Francisco-Santiago, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A075-725-907 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Candelario Antonio-Vincente, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act ("NACARA"). We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We deny the petition for review.

Antonio-Vincente's contention that certain conduct, comments, and questioning by the IJ demonstrated bias against him and violated his due process right to a neutral factfinder is unsupported. See Rivera v. Mukasey, 508 F.3d 1271, 1276 (9th Cir. 2007) (no due process violation where alien did not show that the IJ had a "deep-seated favoritism or antagonism that would make fair judgment impossible" (internal quotation marks and citation omitted)).

The BIA did not err in declining to review the hardship determination where its denial of relief as a matter of discretion is dispositive. See Simeonov, 371 F.3d at 538 (courts and agencies are not required to decide issues unnecessary to the results they reach).

PETITION FOR REVIEW DENIED.


Summaries of

Antonio-Vincente v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-71469 (9th Cir. Apr. 16, 2018)
Case details for

Antonio-Vincente v. Sessions

Case Details

Full title:CANDELARIO ANTONIO-VINCENTE, AKA Gregrorio Francisco-Santiago, Petitioner…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 16, 2018

Citations

No. 17-71469 (9th Cir. Apr. 16, 2018)