U.S. Court of Appeals for the Ninth Circuit, 2010

Yowssef Abowzid v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2010 · Fletcher, Reinhardt, Wardlaw

390 F. App'x 702

Counsel

John M. Levant, Esquire, Ask Law Group, Los Angeles, CA, Thomas J. Ste-fanski, Esquire, Ask Law Group, Sherman Oaks, CA, for Petitioner., OIL, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Yowssef Mohamed Abowzid, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ order summarily dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we deny the petition for review.

The IJ did not abuse his discretion in denying a continuance where Abowzid did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for a continuance for good cause shown); Baires v. INS, 856 F.2d 89, 92-93 (9th Cir. 1988). It follows that Abowzid’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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