NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

FRANCISCO SALGADO

- VASQUEZ,

Petitioner,

v. WILLIAM P. BARR, Attorney General,

Respondent. No. 20

- 70517 Agency No. A075

- 132

- 417

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted December 2 , 2020 * *
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges. Francisco Salgado

- Vasquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to terminate proceedings
and his applications for asylum, withholding of removal, and cancellation of
removal

. Our juri sdiction is governed by 8 U.S.C. § 1252

. We review de novo

* 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

DEC 10 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 20

- 70517

questions of law and we review for abuse of discretion the denial of a motion to
terminate. Dominguez v. Barr , 975 F.3d 725, 734 (9th Cir. 2020)

. We deny in part and dismiss in part the petition for review.
There was no abuse of discretion in the denial of Salgado

- Vasquez’s motion

to terminate because he failed to show that he was prejudiced by the alteration to his notice to appear (“NTA”)

. See Kohli v. Gonzales , 473 F.3d 1061, 1068

- 70 (9th Cir. 2007) ( petitioner was required to show prejudice to succeed on motion to
terminate based on a defective NTA). We reject as unsupported by the record Salgado

- Vasquez’s contention s that the NTA contained a forged certificate of
service. Salgado

- V asquez’s contentions that the IJ violated his right to due process by determining that he had been convicted of a particularly serious crime without a hearing fail

. See Lata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to pre vail on a due process claim) ; see also Dent v. Sessions , 900 F.3d 1075, 1083 (9th Cir. 2018) (to show prejudice , petitioner must show the outcome of proceeding s may have been affected by the alleged due process violation)

. Thus, Salgado

- Vasquez’s asylum a nd withholding of removal claims
fail.
We lack jurisdiction to review the discretionary denial of cancellation of
removal because Salgado

- Vasquez raises no colorable legal or constitutional claim.3 20

- 70517

See Martinez

- Rosas v. Gonzales , 424 F.3d 926, 929

- 30 (9th Cir. 2005) (court’s jurisdiction to review challenges to the IJ’s discretionary determination is limited

to colorable constitutional claims or questions of law). The record does not support Salgado

- Vasquez ’ s contentions that the BIA or
IJ failed to consider evidence or otherwise erred in the analysis of his claims. See Najmabadi v. Holder , 597 F.3d 983, 990 (9th Cir. 2010) (“[T]he BIA does not have to write an exegesis on every contention.” ( citation and int ernal quotation marks omitted) ); Fernandez v. Gonzales , 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the presumption that the BIA reviewed the record). The temporary stay of removal remains in place until issuance of the
mandate. The mot ion for a stay of removal (Docket Entry No s
. 1 and 6) is
otherwise denied as moot

. PETITION FOR REVIEW DENIED in part; DISMISSED in part.