Antonio Lemus-Covarruvias v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUN 29 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ANTONIO LEMUS-COVARRUVIAS, No. 10-70165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