Pagayon, et al. v. Holder, Jr., No. 07-74047 (9th Cir. 2011)
Annotate this CasePetitioner, a native of the Philippines, petitioned for review of an order of the BIA directing his removal, as well as the BIA's order denying reconsideration. At issue was whether the IJ erred in finding him removable, whether the IJ erred in finding him ineligible for withholding of removal, and whether the IJ violated his due process rights. As a preliminary matter, the court held that petitioner's notice of appeal gave the BIA an adequate opportunity to pass on the arguments he presented. The court also held that the government satisfied its burden of proving removability where petitioner was convicted of a controlled substance offense. The court held, however, that petitioner failed to carry his burden of proving that he was entitled to relief from removal where he failed to demonstrate persecution on a protected ground or that the IJ violated his due process rights where petitioner failed to demonstrate prejudice. Accordingly, the petition for review was denied.
The court issued a subsequent related opinion or order on December 8, 2011.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.