Hernandez v. Mukasey

MEMORANDUM ***

Fidel Hernandez, 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 (“IJ”) decision denying his motion *986for issuance of a subpoena in a removal case. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion an IJ’s decision not to issue a subpoena for the production of a witness. See Kaur v. INS, 237 F.3d 1098, 1099 (9th Cir.2001). We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th…