Chavez-Garcia v. Holder
Chavez-Garcia v. Holder
Opinion of the Court
MEMORANDUM
Felipe Chavez-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision denying his motion to con
The IJ properly deemed Chavez-Garcia’s applications abandoned after he failed to file them by the deadline set by the IJ. See 8 C.F.R. § 1003.31(c) (authorizing the IJ to set filing deadlines and to deem waived any application not filed by the deadline). The IJ did not abuse his discretion in denying Chavez-Garcia’s motion to continue, where Chavez-Garcia had been granted a prior continuance to prepare the applications and he did not establish good cause. See Baires v. INS, 856 F.2d 89, 91 (9th Cir. 1988) (“[T]he decision to grant or deny continuances is in the sound discretion of the trial judge”) (internal quotations omitted); 8 C.F.R. § 1003.29. It follows that Chavez-Garcia has not shown a due process violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.