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NOT FOR PUBLICATION JUN 29 2011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
FRANCISCO MENDOZA TORRES; No. 09-73986
SUSANA ZEPEDA ESQUIVEL, a.k.a.
Susanna Cepeda-Quivil, Agency Nos. A075-771-014
A075-771-015
Petitioners,
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.
Francisco Mendoza Torres and Susana Zepeda Esquivel, natives and citizens
of Mexico, petition for review of the Board of Immigration Appeals’ order
dismissing their appeal from an immigration judge’s (“IJ”) decision denying their
*
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).
applications for cancellation of removal. We review de novo claims of due process
violations in removal proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.
2000). We deny the petition for review.
Petitioners’ claim that the IJ violated their due process rights by exhibiting
bias and interrupting their testimony fails because the proceedings were not so
fundamentally unfair that they were prevented from reasonably presenting their
case, and they 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 09-73986