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

Pedro Preciado v. Eric H. Holder Jr.

Pedro Preciado v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2011 · Canby, Fernandez, Smith
420 F. App'x 729

Pedro Preciado v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Pedro Preciado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. 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.

Contrary to the respondent’s contention, Preciado’s petition for review was timely *730 filed on September 29, 2008. See 8 U.S.C. § 1252(b)(1); Fed. R.App. P. 26(a)(1)(C).

The agency did not abuse its discretion by not granting a continuance where Preciado did not request a continuance.

We lack jurisdiction to consider Preciado’s challenge to the IJ’s determination that he is removable under 8 U.S.C. § 1227(a)(2)(E)(i) because he failed to exhaust it. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

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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