Velasco v. Gonzales
Velasco v. Gonzales
Opinion of the Court
MEMORANDUM
Rolando Velasco petitions for review of a decision of the Board of Immigration Appeals (“Board” or “BIA”) dismissing his appeal from a decision of the Immigration Judge (“U”). The IJ denied Velasco’s request for cancellation of removal pursuant to 8 U.S.C. § 1229b(b). We have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition.
We reject Velasco’s contention that the record does not contain sufficient evidence to sustain the Board’s finding that he is statutorily ineligible for cancellation of removal under 8 U.S.C. § 1182(a)(2)(A).
The BIA did not abuse its discretion in affirming the IJ’s denial of Velasco’s motion for a continuance. See Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir. 1996) (stating that a decision whether to grant a continuance will be overturned only upon a showing of a clear abuse of discretion). Velasco does not offer any evidence contrary to his admission to the controlled substance violation or any evidence that he is eligible for cancellation of removal. Nor does he cite any evidence that he would have presented had the continuance been granted. In fact, he does not cite any specific way in which he was prejudiced. “ ‘Due process challenges to deportation proceedings require a showing of prejudice to succeed.’ ” Halaim v. INS, 358 F.3d 1128, 1136 (9th Cir. 2004) (quoting Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir. 1999)). Velasco has failed to establish any prejudice from the denial of the continuance.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Because the parties are familiar with the factual and procedural background, we do not recite it here except as necessary to aid in understanding this disposition.
Reference
- Full Case Name
- Rolando VELASCO v. Alberto R. GONZALES, Attorney General
- Status
- Published