Vilchez v. Holder, Jr., No. 09-71070 (9th Cir. 2012)
Annotate this CasePetitioner, a lawful permanent resident, pled guilty in 2007 to felony domestic battery and was charged with removability based on this conviction. Petitioner subsequently petitioned for review of the BIA's decision to affirm the IJ's denial of his application for cancellation of removal, arguing inter alia that the video-conference hearing violated his right to due process. The court held that the video-conference hearing in this case did not violate due process where petitioner failed to establish that the outcome of his hearing could have been affected by the fact that his hearing was conducted by video-conference; the agency considered the factors relevant to petitioner's application for cancellation of removal; and the court lacked jurisdiction to review the BIA's discretionary decision to deny his application. Accordingly, the petition for review was denied in part and dismissed in part.
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