Sifuentes-Garcia v. Gonzales

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 27, 2006 Charles R. Fulbruge III Clerk No. 05-60680 Summary Calendar

JUAN MARIO SIFUENTES-GARCIA, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A75-214-007 -------------------- Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* Juan Mario Sifuentes-Garcia (Sifuentes) appeals the affirmance by the Board of Immigration Appeals (BIA) of the Immigration Judge’s (IJ) denial of a motion for continuance of the removal proceeding. Sifuentes contends that he should have been granted the continuance so that he could challenge the 2003 alien-smuggling conviction that rendered him removable.

This court reviews the denial of a continuance for abuse of discretion. Witter v. INS, 113 F.3d 549, 555-56 (5th Cir. 1997).

An IJ may grant a continuance upon a showing of good cause. Id. No. 05-60680 -2- Sifuentes cites to two BIA decisions having nothing to do with the granting of a continuance, and he makes no argument directly relevant to the “good cause” that must be shown in order to obtain a continuance.

Sifuentes fails to show that the denial of a continuance was an abuse of discretion. His petition for review is DENIED.