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

Annet Hengio v. Eric Holder, Jr.

Annet Hengio v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 29, 2011 · Farris, O'Scannlain, Bybee
426 F. App'x 482

Annet Hengio v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Annet Hengio and Kirion Hengio, natives and citizens of Micronesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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 *483 Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we review de novo due process claims, id. We deny the petition for review.

The agency did not abuse its discretion or violate due process in denying the Hengios’ request for a continuance because they did not demonstrate good cause. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009) (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the nature of the evidence excluded as a result of the denial and the number of continuances previously granted).

PETITION FOR REVIEW DENIED.

**

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

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