Victor Pantoja Elvira, et al v. Eric H. Holder Jr., No. 08-71269 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 08 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VICTOR MANUEL PANTOJA ELVIRA; CLAUDIA LETICIA PANTOJA; CLAUDIA CESAREO ULLOA, Petitioners, No. 08-71269 Agency Nos. A091-661-817 A091-864-571 A091-864-572 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Victor Manuel Pantoja Elvira, Claudia Leticia Pantoja, and family, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals order dismissing their appeal from an immigration judge s ( IJ ) decision denying * 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). their application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of constitutional violations in immigration proceedings, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. We reject petitioners claim that they were deprived of a full and fair hearing based on the IJ s refusal to allow Leticia Pantoja to renew her withdrawn asylum application, because they failed to demonstrate prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (requiring prejudice to prevail on a due process challenge). PETITION FOR REVIEW DENIED. 2 08-71269

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