U.S. Court of Appeals for the Ninth Circuit, 2009

Zatarain v. Holder

Zatarain v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided October 1, 2009 · Clifton, Rawlinson, Silverman
346 F. App'x 271

Zatarain v. Holder

Opinion of the Court

MEMORANDUM **

Sergio Romero Zatarain and Susana Pena Rodriguez, spouses and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order *272dismissing their appeal from an immigration judge’s (“IJ”) decision denying their motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion the denial of a motion for a continuance, Baires v. INS, 856 F.2d 89, 91 (9th Cir. 1988), we deny the petition for review.

The IJ did not abuse his discretion in denying petitioners’ motion for a continuance where the hearing had been scheduled over a year in advance and petitioners’ counsel requested a continuance on account of a scheduling conflict one week before the hearing. See 8 C.F.R. § 1003.29 (IJ has authority to grant a continuance upon a showing of good cause); Baires, 856 F.2d at 91.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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