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

17-71469Court of Appeals for the Ninth CircuitApr 16, 2018

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CANDELARIO ANTONIO-VINCENTE,
AKA Gregrorio Francisco-Santiago,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 17-71469
Agency No. A075-725-907
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
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
* 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).
FILED
APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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