Fatos Vasha v. Alberto Gonzales, Attorney General

I join Judge Moore in upholding the immigration judge’s (IJ’s) denial of asylum (Section A) and denial of withholding (Section C), and I join Judge Moore in concluding that any constitutional due process vio*877lation did not prejudice Vasha. But I do not join the concurrence’s proposed resolution of the merits of the due process claim. It is well within our discretion to avoid the constitutional question because all agree that any error did not prejudice Vasha, see, e.g., Warner v. Ashcroft, 381 F.3d 534, 539 (6th Cir.2004) (dismissing petitioner’s due process claim for lack of prejudice without…