Oscar Sanvicente-Molina v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 21 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR SANVICENTE-MOLINA, No. 18-70689 Petitioner, Agency No. A205-412-459 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2019** Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Oscar Sanvicente-Molina, 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 cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). petition for review. Sanvicente-Molina’s claim that the IJ violated due process by allegedly excluding his wife’s testimony fails for lack of prejudice, where he did not establish that his wife’s testimony may have changed the result in his case. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim). PETITION FOR REVIEW DENIED. 2 18-70689 18-70689 Court of Appeals for the Ninth Circuit ca9 9th Cir. Oscar Sanvicente-Molina v. William Barr 21 October 2019 Agency Unpublished 945bd30d812044eb32ed73037572b3470a6ac289

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals