Sanchez Hernandez v. Holder
Opinion
MEMORANDUM **
Oscar Arturo Sanchez Hernandez and Alma Rosa Lara Batres, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“D”) denial of their applications for cancellation of removal and denying their motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.
We reject petitioners’ contention that the IJ violated due process by denying their motion for an additional continuance. Petitioners received continuances amounting to almost four years to allow them to obtain counsel and gather evidence for them hearing, and their proceedings were therefore not “so fundamentally unfair that [they were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (internal quotation marks and citation omitted).
The evidence petitioners presented with their motion to remand concerned the same basic hardship grounds as their application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir. 2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See id. at 601.
Petitioners’ remaining contentions are unpersuasive.
*838 PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- Oscar Arturo SANCHEZ HERNANDEZ; Alma Rosa Lara Batres, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished