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

Singh v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 2009 · Alarcón, Tashima, Trott

356 F. App'x 934

Counsel

Jeffrey Martins, Esq., Law Offices of Jeffrey Martins, San Francisco, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Marion E. Guyton, Esq., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Sarabjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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 her discretion in denying Singh’s motion for a continuance where he claimed he was tired and could not testify properly. See 8 C.F.R. § 1003.29 (IJ may grant a motion for continuance for good cause); Baires, 856 F.2d at 91.

It follows that Singh’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a petitioner to prevail on a due process claim).

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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