UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1447
CARLOS ALBERTO HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: September 18, 2012 Decided: September 28, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William Payne, PAYNE & ASSOCIATES, Washington, D.C., for
Petitioner. Stuart F. Delery, Acting Assistant Attorney
General, Anthony C. Payne, Senior Litigation Counsel, Yedidya
Cohen, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carlos Alberto Hernandez, a native and citizen of El
Salvador, petitions for review of an order of the Board of
Immigration Appeals (“Board”) dismissing his appeal from the
immigration judge’s order finding him removable and statutorily
ineligible for cancellation of removal. Hernandez claims that
he was denied due process because the immigration judge failed
to give him the proper advisals under 8 C.F.R. § 1240.10(a)
(2012). He further claims prejudice is presumed and the case
should be remanded. We disagree and deny the petition for
review.
This court has held that for an alien to establish a
due process violation arising from a removal proceeding, the
alien must show “(1) that a defect in the proceeding rendered
it fundamentally unfair and (2) that the defect prejudiced the
outcome of the case.” Anim v. Mukasey, 535 F.3d 243, 256 (4th
Cir. 2008). Prejudice is shown if the defect had an impact on
the results of the proceeding. Id. Hernandez fails to show he
was prejudiced due to any defect in the proceeding. See
Delgado-Corea v. INS, 804 F.2d 261, 262-63 (4th Cir. 1986).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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