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

Soriano-Aragon v. Holder

Soriano-Aragon v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided September 22, 2010 · Silverman, Callahan, Smith
396 F. App'x 379

Soriano-Aragon v. Holder

Opinion

MEMORANDUM **

Alberto Pablo Soriano-Aragon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We review de novo claims of due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying Soriano-Aragon’s request for a continuance at his November 29, 2005, hearing because he did not demonstrate good cause where he failed to present evidence that an 1-140 immigrant visa petition was pending with the agency, and where the IJ had granted three prior continuance requests over the four years Sori-ano-Aragon’s case was before the IJ. See 8 C.F.R. § 1003.29; cf. Ahmed, 569 F.3d at 1012-14. As Soriano-Aragon cannot demonstrate error, it follows that his due process claim must fail. 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.