U.S. Court of Appeals for the Ninth Circuit, 2011

Braulia Moralez-Esiquio v. Eric H. Holder Jr.

Braulia Moralez-Esiquio v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided January 18, 2011 · Beezer, Tallman, Callahan
409 F. App'x 164

Braulia Moralez-Esiquio v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Braulia Moralez-Esiquio, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her request for a continuance. Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review.

The IJ did not abuse his discretion in denying a continuance because Moralez-Esiquio did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown).

We lack jurisdiction to review Moralez-Esiquio’s due process claim because she failed to raise it before the BIA and thereby failed to exhaust her administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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