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

Rommel Teopaco v. Eric Holder, Jr.

Rommel Teopaco v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 29, 2011 · Canby, O'Scannlain, Fisher
441 F. App'x 428

Rommel Teopaco v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jose Francisco Canas, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ 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. Cui v. Mukasey, 538 F.3d 1289, 1290 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

The IJ did not abuse her discretion by not continuing proceedings where Ca-nas failed to show good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a continuance for good cause shown).

We lack jurisdiction to consider Ca-nas’ contention that the IJ did not notify him of the consequences for failing to comply with the biometric requirements because he failed to raise that issue before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this 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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