Manuel Riano v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Manuel Riano v. Eric Holder, Jr., 487 F. App'x 403 (9th Cir. 2012)

Manuel Riano v. Eric Holder, Jr.

Opinion

*404 MEMORANDUM **

Viviana Jamal Nijmeh, a native and citizen of Chile and a citizen of Jordan, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a continuance. Ah med v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Nijmeh’s request for a continuance where Nijmeh failed to show good cause. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012-15. It follows that Ni-jmeh’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice for a due process violation).

We lack jurisdiction to review the agency’s discretionary determination that Ni-jmeh failed to show the requisite hardship for cancellation of removal. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

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.

Reference

Full Case Name
Viviana Jamal NIJMEH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished