Armandio Lazo Chavez v. Eric H. Holder Jr.
Armandio Lazo Chavez v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Armando Lazo Chavez, 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 motion to continue proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue, and review de novo claims of constitutional 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 Lazo Chavez’s request for a continuance where he did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown); see also Baires v. INS, 856 F.2d 89, 92 (9th Cir. 1988).
Lazo Chavez’s due process claim fails because he cannot demonstrate error. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a petitioner to prevail on a due process claim).
Lazo Chavez’s remaining claims are not persuasive.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- Armando LAZO CHAVEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished