SERGIO CABANAS, AKA Sergio Caballos-Gervacio v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO CABANAS, AKA Sergio
Caballos-Gervacio,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73144
Agency No. A088-856-302
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Sergio Cabanas, 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
have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims.
* 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
OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-73144
Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny the petition for
review.
Cabanas’ due process claim fails, where the record does not support his
contention that he was denied a full and fair hearing. See id. (due process claims
require showing that proceedings were “so fundamentally unfair that the alien was
prevented from reasonably presenting his case”) (internal quotation marks and
citation omitted)); Almaghzar v. Gonzales, 457 F.3d 915, 922 (9th Cir. 2006)
(petitioner “had ample opportunity to present his case, and the record as a whole
does not suggest that the IJ did not conduct the hearing with an open mind”).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --