Nicolas v. Holder
Nicolas v. Holder
Opinion
MEMORANDUM **
Jesus Ruiz Nicolas and Olivia Perez Monteagudo, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal and denying their motion to continue. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue and de novo claims of due process violations in immigration proceedings. San doval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per cu-riam). We deny in part and dismiss in part the petition for review.
The agency did not violate due process by denying petitioners’ motion to continue because petitioners did not establish good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown); see Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process -violation).
We lack jurisdiction over petitioners’ contention that the agency failed to evaluate their hardship evidence in the aggregate, because it does not amount to a colorable constitutional claim. See Men *817 dez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
We also lack jurisdiction over petitioners’ challenge to the BIA’s February 21, 2008, order because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
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